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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Practitioner Regulation
Bill 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Adoption of Health Practitioner Regulation National
Law
4 Adoption of Health Practitioner Regulation National Law 3
5 Meaning of generic terms in Health Practitioner Regulation
National Law for purposes of this jurisdiction 3
6 Health, performance and conduct 3
7 Exclusion of legislation of this jurisdiction 3
Part 3 Miscellaneous
8 Regulations 5
2009079-10.d16
Health Practitioner Regulation Bill 2009
Contents
Page
9 Review of Act 5
Note Health Practitioner Regulation National Law 6
Contents page 2
New South Wales
Health Practitioner Regulation
Bill 2009
No , 2009
A Bill for
An Act to apply as a law of this State a national law relating to health practitioner
regulation.
Clause 1 Health Practitioner Regulation Bill 2009
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Health Practitioner Regulation Act 2009. 4
2 Commencement 5
(1) Subject to subsection (2), this Act commences on 1 July 2010. 6
(2) A proclamation made before 1 July 2010 may appoint a day that is later 7
than 1 July 2010 as the day on which this Act commences. 8
3 Definitions 9
(1) In this Act: 10
Health Practitioner Regulation National Law (NSW) means the 11
provisions applying in this jurisdiction because of section 4. 12
(2) Terms used in this Act and also in the Health Practitioner Regulation 13
National Law set out in the Schedule to the Health Practitioner 14
Regulation National Law Act 2009 of Queensland have the same 15
meanings in this Act as they have in that Law. 16
Page 2
Health Practitioner Regulation Bill 2009 Clause 4
Adoption of Health Practitioner Regulation National Law Part 2
Part 2 Adoption of Health Practitioner Regulation 1
National Law 2
4 Adoption of Health Practitioner Regulation National Law 3
The Health Practitioner Regulation National Law, as in force from time 4
to time, set out in the Schedule to the Health Practitioner Regulation 5
National Law Act 2009 of Queensland: 6
(a) applies as a law of this jurisdiction, and 7
(b) as so applying may be referred to as the Health Practitioner 8
Regulation National Law (NSW), and 9
(c) so applies as if it were a part of this Act. 10
5 Meaning of generic terms in Health Practitioner Regulation National Law 11
for purposes of this jurisdiction 12
In the Health Practitioner Regulation National Law (NSW): 13
Magistrate means a Magistrate appointed under the Local Court Act 14
2007. 15
this jurisdiction means New South Wales. 16
6 Health, performance and conduct 17
For the purposes of section 4 (a), the Health Practitioner Regulation 18
National Law applies as a law of this jurisdiction as if: 19
(a) the definitions of health assessment, performance assessment, 20
professional misconduct, unprofessional conduct and 21
unsatisfactory professional performance in section 5 of the Law 22
were omitted, and 23
(b) Divisions 3 to 12 of Part 8 of the Law were omitted, and 24
(c) section 199 (1) (h)-(k) of the Law were omitted. 25
7 Exclusion of legislation of this jurisdiction 26
The following Acts of this jurisdiction do not apply to the Health 27
Practitioner Regulation National Law (NSW) or to the instruments 28
made under that Law: 29
(a) the Annual Reports (Statutory Bodies) Act 1984, 30
(b) the Government Information (Information Commissioner) Act 31
2009, 32
(c) the Government Information (Public Access) Act 2009, 33
(d) the Interpretation Act 1987, 34
(e) the Ombudsman Act 1974, 35
Page 3
Clause 7 Health Practitioner Regulation Bill 2009
Part 2 Adoption of Health Practitioner Regulation National Law
(f) the Privacy and Personal Information Protection Act 1998, 1
(g) the Public Finance and Audit Act 1983, 2
(h) the Public Sector Employment and Management Act 2002, 3
(i) the Subordinate Legislation Act 1989. 4
Page 4
Health Practitioner Regulation Bill 2009 Clause 8
Miscellaneous Part 3
Part 3 Miscellaneous 1
8 Regulations 2
The Governor may make regulations, not inconsistent with this Act, for 3
or with respect to any matter that by this Act is required or permitted to 4
be prescribed or that is necessary or convenient to be prescribed for 5
carrying out or giving effect to this Act. 6
9 Review of Act 7
(1) The Minister is to review this Act to determine whether the policy 8
objectives of the Act remain valid and whether the terms of the Act 9
remain appropriate for securing those objectives. 10
(2) The review is to be undertaken as soon as possible after the period of 11
5 years from the date of assent to this Act. 12
(3) A report on the outcome of the review is to be tabled in each House of 13
Parliament within 12 months after the end of the period of 5 years. 14
Page 5
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
Note Health Practitioner Regulation National
Law
Note. The text of the Health Practitioner Regulation National Law set out in the Schedule to
the Health Practitioner Regulation National Law Act 2009 of Queensland (as at the date of its
enactment) is set out below. The National Law (as in force from time to time) is applied as a
law of New South Wales.
Contents
Part 1 Preliminary
1 Short title
2 Commencement
3 Objectives and guiding principles
4 How functions to be exercised
5 Definitions
6 Interpretation generally
7 Single national entity
8 Extraterritorial operation of Law
9 Trans-Tasman mutual recognition principle
10 Law binds the State
Part 2 Ministerial Council
11 Policy directions
12 Approval of registration standards
13 Approvals in relation to specialist registration
14 Approval of endorsement in relation to scheduled medicines
15 Approval of areas of practice for purposes of endorsement
16 How Ministerial Council exercises functions
17 Notification and publication of directions and approvals
Part 3 Australian Health Workforce Advisory Council
18 Establishment of Advisory Council
19 Function of Advisory Council
20 Publication of advice
21 Powers of Advisory Council
22 Membership of Advisory Council
Part 4 Australian Health Practitioner Regulation Agency
Division 1 National Agency
23 National Agency
24 General powers of National Agency
Page 6
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
25 Functions of National Agency
26 Health profession agreements
27 Co-operation with participating jurisdictions and Commonwealth
28 Office of National Agency
Division 2 Agency Management Committee
29 Agency Management Committee
30 Functions of Agency Management Committee
Part 5 National Boards
Division 1 National Boards
31 Establishment of National Boards
32 Powers of National Board
33 Membership of National Boards
34 Eligibility for appointment
Division 2 Functions of National Boards
35 Functions of National Boards
36 State and Territory Boards
37 Delegation of functions
Division 3 Registration standards and codes and guidelines
38 National board must develop registration standards
39 Codes and guidelines
40 Consultation about registration standards, codes and guidelines
41 Use of registration standards, codes or guidelines in disciplinary
proceedings
Part 6 Accreditation
Division 1 Preliminary
42 Definition
Division 2 Accreditation authorities
43 Accreditation authority to be decided
44 National Agency may enter into contracts with external
accreditation entities
45 Accreditation processes to be published
Division 3 Accreditation functions
46 Development of accreditation standards
47 Approval of accreditation standards
Page 7
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
48 Accreditation of programs of study
49 Approval of accredited programs of study
50 Accreditation authority to monitor approved programs of study
51 Changes to approval of program of study
Part 7 Registration of health practitioners
Division 1 General registration
52 Eligibility for general registration
53 Qualifications for general registration
54 Examination or assessment for general registration
55 Unsuitability to hold general registration
56 Period of general registration
Division 2 Specialist registration
57 Eligibility for specialist registration
58 Qualifications for specialist registration
59 Examination or assessment for specialist registration
60 Unsuitability to hold specialist registration
61 Period of specialist registration
Division 3 Provisional registration
62 Eligibility for provisional registration
63 Unsuitability to hold provisional registration
64 Period of provisional registration
Division 4 Limited registration
65 Eligibility for limited registration
66 Limited registration for postgraduate training or supervised
practice
67 Limited registration for area of need
68 Limited registration in public interest
69 Limited registration for teaching or research
70 Unsuitability to hold limited registration
71 Limited registration not to be held for more than one purpose
72 Period of limited registration
Division 5 Non-practising registration
73 Eligibility for non-practising registration
74 Unsuitability to hold non-practising registration
75 Registered health practitioner who holds non-practising
registration must not practise the profession
76 Period of non-practising registration
Page 8
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
Division 6 Application for registration
77 Application for registration
78 Power to check applicant's proof of identity
79 Power to check applicant's criminal history
80 Boards' other powers before deciding application for registration
81 Applicant may make submissions about proposed refusal of
application or imposition of condition
82 Decision about application
83 Conditions of registration
84 Notice to be given to applicant
85 Failure to decide application
Division 7 Student registration
Subdivision 1 Persons undertaking approved programs of study
86 Definitions
87 National Board must register persons undertaking approved
program of study
88 National Board may ask education provider for list of persons
undertaking approved program of study
89 Registration of students
90 Period of student registration
Subdivision 2 Other persons to be registered as students
91 Education provider to provide lists of persons
Subdivision 3 General provisions applicable to students
92 Notice to be given if student registration suspended or condition
imposed
93 Report to National Board of cessation of status as student
Division 8 Endorsement of registration
Subdivision 1 Endorsement in relation to scheduled medicines
94 Endorsement for scheduled medicines
Subdivision 2 Endorsement in relation to nurse practitioners
95 Endorsement as nurse practitioner
Subdivision 3 Endorsement in relation to midwife practitioners
96 Endorsement as midwife practitioner
Page 9
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
Subdivision 4 Endorsement in relation to acupuncture
97 Endorsement for acupuncture
Subdivision 5 Endorsements in relation to approved areas of
practice
98 Endorsement for approved area of practice
Subdivision 6 Application for endorsement
99 Application for endorsement
100 Boards' other powers before deciding application for
endorsement
101 Applicant may make submissions about proposed refusal of
application or imposition of condition
102 Decision about application
103 Conditions of endorsement
104 Notice of decision to be given to applicant
105 Period of endorsement
106 Failure to decide application for endorsement
Division 9 Renewal of registration
107 Application for renewal of registration or endorsement
108 Registration taken to continue in force
109 Annual statement
110 National Board's powers before making decision
111 Applicant may make submissions about proposed refusal of
application for renewal or imposition of condition
112 Decision about application for renewal
Division 10 Title and practice protections
Subdivision 1 Title protections
113 Restriction on use of protected titles
114 Use of title "acupuncturist"
115 Restriction on use of specialist titles
116 Claims by persons as to registration as health practitioner
117 Claims by persons as to registration in particular profession or
division
118 Claims by persons as to specialist registration
119 Claims about type of registration or registration in recognised
specialty
120 Registered health practitioner registered on conditions
Page 10
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
Subdivision 2 Practice protections
121 Restricted dental acts
122 Restriction on prescription of optical appliances
123 Restriction on spinal manipulation
Division 11 Miscellaneous
Subdivision 1 Certificates of registration
124 Issue of certificate of registration
Subdivision 2 Review of conditions and undertakings
125 Changing or removing conditions or undertaking on application
by registered health practitioner or student
126 Changing conditions on Board's initiative
127 Removal of condition or revocation of undertaking
Subdivision 3 Obligations of registered health practitioners and
students
128 Continuing professional development
129 Professional indemnity insurance arrangements
130 Registered health practitioner or student to give National Board
notice of certain events
131 Change in principal place of practice, address or name
132 National Board may ask registered health practitioner for
employer's details
Subdivision 4 Advertising
133 Advertising
Subdivision 5 Board's powers to check identity and criminal
history
134 Evidence of identity
135 Criminal history check
Subdivision 6 General
136 Directing or inciting unprofessional conduct or professional
misconduct
137 Surrender of registration
Part 8 Health, performance and conduct
Division 1 Preliminary
138 Part applicable to persons formerly registered under this Law
Page 11
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
139 Part applicable to persons formerly registered under
corresponding prior Act in certain circumstances
Division 2 Mandatory notifications
140 Definition of notifiable conduct
141 Mandatory notifications by health practitioners
142 Mandatory notifications by employers
143 Mandatory notifications by education providers
Division 3 Voluntary notifications
144 Grounds for voluntary notification
145 Who may make voluntary notification
Division 4 Making a notification
146 How notification is made
147 National Agency to provide reasonable assistance to notifier
Division 5 Preliminary assessment
148 Referral of notification to National Board or co-regulatory
authority
149 Preliminary assessment
150 Relationship with health complaints entity
151 When National Board may decide to take no further action
152 National Board to give notice of receipt of notification
Division 6 Other matters
153 National Board may deal with notifications about same person
together
154 National Boards may deal with notifications collaboratively
Division 7 Immediate action
155 Definition
156 Power to take immediate action
157 Show cause process
158 Notice to be given to registered health practitioner or student
about immediate action
159 Period of immediate action
Division 8 Investigations
Subdivision 1 Preliminary
160 When investigation may be conducted
Page 12
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
161 Registered health practitioner or student to be given notice of
investigation
162 Investigation to be conducted in timely way
Subdivision 2 Investigators
163 Appointment of investigators
164 Identity card
165 Display of identity card
Subdivision 3 Procedure after investigation
166 Investigator's report about investigation
167 Decision by National Board
Division 9 Health and performance assessments
168 Definition
169 Requirement for health assessment
170 Requirement for performance assessment
171 Appointment of assessor to carry out assessment
172 Notice to be given to registered health practitioner or student
about assessment
173 Assessor may require information or attendance
174 Inspection of documents
175 Report from assessor
176 Copy of report to be given to health practitioner or student
177 Decision by National Board
Division 10 Action by National Board
178 National Board may take action
179 Show cause process
180 Notice to be given to health practitioner or student and notifier
Division 11 Panels
181 Establishment of health panel
182 Establishment of performance and professional standards panel
183 List of approved persons for appointment to panels
184 Notice to be given to registered health practitioner or student
185 Procedure of panel
186 Legal representation
187 Submission by notifier
188 Panel may proceed in absence of registered health practitioner or
student
189 Hearing not open to the public
190 Referral to responsible tribunal
Page 13
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
191 Decision of panel
192 Notice to be given about panel's decision
Division 12 Referring matter to responsible tribunals
193 Matters to be referred to responsible tribunal
194 Parties to the proceedings
195 Costs
196 Decision by responsible tribunal about registered health
practitioner
197 Decision by responsible tribunal about student
198 Relationship with Act establishing responsible tribunal
Division 13 Appeals
199 Appellable decisions
200 Parties to the proceedings
201 Costs
202 Decision
203 Relationship with Act establishing responsible tribunal
Division 14 Miscellaneous
204 Notice from adjudication body
205 Implementation of decisions
206 National Board to give notice to registered health practitioner's
employer
207 Effect of suspension
Part 9 Finance
208 Australian Health Practitioner Regulation Agency Fund
209 Payments into Agency Fund
210 Payments out of Agency Fund
211 Investment of money in Agency Fund
212 Financial management duties of National Agency and National
Boards
Part 10 Information and privacy
Division 1 Privacy
213 Application of Commonwealth Privacy Act
Division 2 Disclosure of information and confidentiality
214 Definition
215 Application of Commonwealth FOI Act
Page 14
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
216 Duty of confidentiality
217 Disclosure of information for workforce planning
218 Disclosure of information for information management and
communication purposes
219 Disclosure of information to other Commonwealth, State and
Territory entities
220 Disclosure to protect health or safety of patients or other persons
221 Disclosure to registration authorities
Division 3 Registers in relation to registered health practitioner
222 National Registers
223 Specialists Registers
224 Way registers are to be kept
225 Information to be recorded in National Register
226 National Board may decide not to include or to remove certain
information in register
227 Register about former registered health practitioners
228 Inspection of registers
Division 4 Student registers
229 Student registers
230 Information to be recorded in student register
Division 5 Other records
231 Other records to be kept by National Boards
232 Record of adjudication decisions to be kept and made publicly
available
Division 6 Unique identifier
233 Unique identifier to be given to each registered health practitioner
Part 11 Miscellaneous
Division 1 Provisions relating to persons exercising functions
under Law
234 General duties of persons exercising functions under this Law
235 Application of Commonwealth Ombudsman Act
236 Protection from personal liability for persons exercising functions
237 Protection from liability for persons making notification or
otherwise providing information
Division 2 Inspectors
238 Functions and powers of inspectors
Page 15
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
239 Appointment of inspectors
240 Identity card
241 Display of identity card
Division 3 Legal proceedings
242 Proceedings for offences
243 Conduct may constitute offence and be subject of disciplinary
proceedings
244 Evidentiary certificates
Division 4 Regulations
245 National regulations
246 Parliamentary scrutiny of national regulations
247 Effect of disallowance of national regulation
Division 5 Miscellaneous
248 Combined notice may be given
249 Fees
Part 12 Transitional provisions
Division 1 Preliminary
250 Definitions
251 References to registered health practitioners
Division 2 Ministerial Council
252 Directions given by Ministerial council
253 Accreditation functions exercised by existing accreditation
entities
254 Health profession standards approved by Ministerial Council
255 Accreditation standards approved by National Board
Division 3 Advisory Council
256 Members of Advisory Council
Division 4 National Agency
257 Health profession agreements
258 Service agreement
Division 5 Agency Management Committee
259 Members of Agency Management Committee
Page 16
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
Division 6 Staff, consultants and contractors of National Agency
260 Chief executive officer
261 Staff
262 Consultants and contractors
Division 7 Reports
263 Annual report
Division 8 National Boards
264 Members of National Boards
265 Committees
266 Delegation
Division 9 Agency Fund
267 Agency Fund
Division 10 Offences
268 Offences
Division 11 Registration
269 General registration
270 Specialist registration
271 Provisional registration
272 Limited registration
273 Limited registration (public interest-occasional practice)
274 Non-practising registration
275 Registration for existing registered students
276 Registration for new students
277 Other registrations
278 Endorsements
279 Conditions imposed on registration or endorsement
280 Expiry of registration and endorsement
281 Protected titles for certain specialist health practitioners
282 First renewal of registration or endorsement
283 Programs of study
284 Exemption from requirement for professional indemnity
insurance arrangements for midwives practising private
midwifery
Division 12 Applications for registration and endorsement
285 Applications for registration
286 Applications for endorsement
Page 17
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
287 Disqualifications and conditions relevant to applications for
registration
Division 13 Complaints, notifications and disciplinary
proceedings
288 Complaints and notifications made but not being dealt with on
participation day
289 Complaints and notifications being dealt with on participation day
290 Effect of suspension
291 Undertakings and other agreements
292 Orders
293 List of approved persons
Division 14 Local registration authority
294 Definition
295 Assets and liabilities
296 Records relating to registration and accreditation
297 Financial and administrative records
298 Pharmacy businesses and premises
299 Members of local registration authority
Division 15 Staged commencement for certain health professions
300 Application of Law to relevant health profession between
commencement and 1 July 2012
301 Ministerial Council may appoint external accreditation entity
302 Application of Law to appointment of first National Board for
relevant professions
303 Qualifications for general registration in relevant profession
304 Relationship with other provisions of Law
Division 16 Savings and transitional regulations
305 Savings and transitional regulations
Schedule 1 Constitution and procedure of Advisory Council
Schedule 2 Agency Management Committee
Schedule 3 National Agency
Schedule 4 National Boards
Schedule 5 Investigators
Schedule 6 Inspectors
Schedule 7 Miscellaneous provisions relating to
interpretation
Page 18
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
Part 1 Preliminary 1
1 Short title 2
This Law may be cited as the Health Practitioner Regulation National 3
Law. 4
2 Commencement 5
This Law commences in a participating jurisdiction as provided by the 6
Act of that jurisdiction that applies this Law as a law of that jurisdiction. 7
3 Objectives and guiding principles 8
(1) The object of this Law is to establish a national registration and 9
accreditation scheme for-- 10
(a) the regulation of health practitioners; and 11
(b) the registration of students undertaking-- 12
(i) programs of study that provide a qualification for 13
registration in a health profession; or 14
(ii) clinical training in a health profession. 15
(2) The objectives of the national registration and accreditation scheme 16
are-- 17
(a) to provide for the protection of the public by ensuring that only 18
health practitioners who are suitably trained and qualified to 19
practise in a competent and ethical manner are registered; and 20
(b) to facilitate workforce mobility across Australia by reducing the 21
administrative burden for health practitioners wishing to move 22
between participating jurisdictions or to practise in more than one 23
participating jurisdiction; and 24
(c) to facilitate the provision of high quality education and training 25
of health practitioners; and 26
(d) to facilitate the rigorous and responsive assessment of 27
overseas-trained health practitioners; and 28
(e) to facilitate access to services provided by health practitioners in 29
accordance with the public interest; and 30
(f) to enable the continuous development of a flexible, responsive 31
and sustainable Australian health workforce and to enable 32
innovation in the education of, and service delivery by, health 33
practitioners. 34
Page 19
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
(3) The guiding principles of the national registration and accreditation 1
scheme are as follows-- 2
(a) the scheme is to operate in a transparent, accountable, efficient, 3
effective and fair way; 4
(b) fees required to be paid under the scheme are to be reasonable 5
having regard to the efficient and effective operation of the 6
scheme; 7
(c) restrictions on the practice of a health profession are to be 8
imposed under the scheme only if it is necessary to ensure health 9
services are provided safely and are of an appropriate quality. 10
4 How functions to be exercised 11
An entity that has functions under this Law is to exercise its functions 12
having regard to the objectives and guiding principles of the national 13
registration and accreditation scheme set out in section 3. 14
5 Definitions 15
In this Law-- 16
accreditation authority means-- 17
(a) an external accreditation entity; or 18
(b) an accreditation committee. 19
accreditation committee means a committee established by a National 20
Board to exercise an accreditation function for the health profession for 21
which the Board is established. 22
accreditation standard, for a health profession, means a standard used 23
to assess whether a program of study, and the education provider that 24
provides the program of study, provide persons who complete the 25
program with the knowledge, skills and professional attributes 26
necessary to practise the profession in Australia. 27
accredited program of study means a program of study accredited 28
under section 48 by an accreditation authority. 29
adjudication body means-- 30
(a) a panel; or 31
(b) a responsible tribunal; or 32
(c) a Court; or 33
(d) an entity of a co-regulatory jurisdiction that is declared in the Act 34
applying this Law to be an adjudication body for the purposes of 35
this Law. 36
Advisory Council means the Australian Health Workforce Advisory 37
Council established by section 18. 38
Page 20
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
Agency Fund means the Australian Health Practitioner Regulation 1
Agency Fund established by section 208. 2
Agency Management Committee means the Australian Health 3
Practitioner Regulation Agency Management Committee established 4
by section 29. 5
appropriate professional indemnity insurance arrangements, in 6
relation to a registered health practitioner, means professional 7
indemnity insurance arrangements that comply with an approved 8
registration standard for the health profession in which the practitioner 9
is registered. 10
approved accreditation standard means an accreditation standard-- 11
(a) approved by a National Board under section 47(3); and 12
(b) published on the Board's website under section 47(6). 13
approved area of practice, for a health profession, means an area of 14
practice approved under section 15 for the profession. 15
approved program of study, for a health profession or for endorsement 16
of registration in a health profession, means an accredited program of 17
study-- 18
(a) approved under section 49(1) by the National Board established 19
for the health profession; and 20
(b) included in the list published by the National Agency under 21
section 49(5). 22
approved qualification-- 23
(a) for a health profession, means a qualification obtained by 24
completing an approved program of study for the profession; and 25
(b) for endorsement of registration in a health profession, means a 26
qualification obtained by completing an approved program of 27
study relevant to the endorsement. 28
approved registration standard means a registration standard-- 29
(a) approved by the Ministerial Council under section 12; and 30
(b) published on the website of the National Board that developed 31
the standard. 32
Australian legal practitioner means a person who-- 33
(a) is admitted to the legal profession under the law of a State or 34
Territory; and 35
(b) holds a current practising certificate under a law of a State or 36
Territory authorising the person to practise the legal profession. 37
Page 21
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
COAG Agreement means the agreement for a national registration and 1
accreditation scheme for health professions, made on 26 March 2008 2
between the Commonwealth, the States, the Australian Capital 3
Territory and the Northern Territory. 4
Note. A copy of the COAG Agreement is available on the Council of Australian 5
Governments' website. 6
co-regulatory authority, for a co-regulatory jurisdiction, means an 7
entity that is declared by the Act applying this Law in the co-regulatory 8
jurisdiction to be a co-regulatory authority for the purposes of this Law. 9
co-regulatory jurisdiction means a participating jurisdiction in which 10
the Act applying this Law declares that the jurisdiction is not 11
participating in the health, performance and conduct process provided 12
by Divisions 3 to 12 of Part 8. 13
corresponding prior Act means a law of a participating jurisdiction 14
that-- 15
(a) was in force before the day on which the jurisdiction became a 16
participating jurisdiction; and 17
(b) established an entity having functions that included-- 18
(i) the registration of persons as health practitioners; or 19
(ii) health, conduct or performance action. 20
criminal history, of a person, means the following-- 21
(a) every conviction of the person for an offence, in a participating 22
jurisdiction or elsewhere, and whether before or after the 23
commencement of this Law; 24
(b) every plea of guilty or finding of guilt by a court of the person for 25
an offence, in a participating jurisdiction or elsewhere, and 26
whether before or after the commencement of this Law and 27
whether or not a conviction is recorded for the offence; 28
(c) every charge made against the person for an offence, in a 29
participating jurisdiction or elsewhere, and whether before or 30
after the commencement of this Law. 31
criminal history law means a law of a participating jurisdiction that 32
provides that spent or other convictions do not form part of a person's 33
criminal history and prevents or does not require the disclosure of those 34
convictions. 35
CrimTrac means the CrimTrac agency established under section 65 of 36
the Public Service Act 1999 of the Commonwealth. 37
division, of a health profession, means a part of a health profession for 38
which a Division is included in the National Register kept for the 39
profession. 40
Page 22
Health Practitioner Regulation Bill 2009
Health Practitioner Regulation National Law Note
education provider means-- 1
(a) a university; or 2
(b) a tertiary education institution, or another institution or 3
organisation, that provides vocational training; or 4
(c) a specialist medical college or other health profession college. 5
entity includes a person and an unincorporated body. 6
exercise a function includes perform a duty. 7
external accreditation entity means an entity, other than a committee 8
established by a National Board, that exercises an accreditation 9
function. 10
health assessment means an assessment of a person to determine 11
whether the person has an impairment and includes a medical, physical, 12
psychiatric or psychological examination or test of the person. 13
health complaints entity means an entity-- 14
(a) that is established by or under an Act of a participating 15
jurisdiction; and 16
(b) whose functions include conciliating, investigating and resolving 17
complaints made against health service providers and 18
investigating failures in the health system. 19
health, conduct or performance action means action that-- 20
(a) a National Board or an adjudication body may take in relation to 21
a registered health practitioner or student at the end of a 22
proceeding under Part 8; or 23
(b) a co-regulatory authority or an adjudication body may take in 24
relation to a registered health practitioner or student at the end of 25
a proceeding that, under the law of a co-regulatory jurisdiction, 26
substantially corresponds to a proceeding under Part 8. 27
health panel means a panel established under section 181. 28
health practitioner means an individual who practises a health 29
profession. 30
health profession means the following professions, and includes a 31
recognised specialty in any of the following professions-- 32
(a) Aboriginal and Torres Strait Islander health practice; 33
(b) Chinese medicine; 34
(c) chiropractic; 35
(d) dental (including the profession of a dentist, dental therapist, 36
dental hygienist, dental prosthetist and oral health therapist); 37
(e) medical; 38
Page 23
Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
(f) medical radiation practice; 1
(g) nursing and midwifery; 2
(h) occupational therapy; 3
(i) optometry; 4
(j) osteopathy; 5
(k) pharmacy; 6
(l) physiotherapy; 7
(m) podiatry; 8
(n) psychology. 9
Note. See Division 15 of Part 12 which provides for a staged commencement 10
of the application of this Law to the Aboriginal and Torres Strait Islander health 11
practice, Chinese medicine, medical radiation practice and occupational 12
therapy professions. 13
health profession agreement has the meaning given by section 26. 14
health program means a program providing education, prevention, 15
early intervention, treatment or rehabilitation services relating to 16
physical or mental impairments, disabilities, conditions or disorders, 17
including substance abuse or dependence. 18
health service includes the following services, whether provided as 19
public or private services-- 20
(a) services provided by registered health practitioners; 21
(b) hospital services; 22
(c) mental health services; 23
(d) pharmaceutical services; 24
(e) ambulance services; 25
(f) community health services; 26
(g) health education services; 27
(h) welfare services necessary to implement any services referred to 28
in paragraphs (a) to (g); 29
(i) services provided by dietitians, masseurs, naturopaths, social 30
workers, speech pathologists, audiologists or audiometrists; 31
(j) pathology services. 32
health service provider means a person who provides a health service. 33
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impairment, in relation to a person, means the person has a physical or 1
mental impairment, disability, condition or disorder (including 2
substance abuse or dependence) that detrimentally affects or is likely to 3
detrimentally affect-- 4
(a) for a registered health practitioner or an applicant for registration 5
in a health profession, the person's capacity to practise the 6
profession; or 7
(b) for a student, the student's capacity to undertake clinical 8
training-- 9
(i) as part of the approved program of study in which the 10
student is enrolled; or 11
(ii) arranged by an education provider. 12
local registration authority means an entity having functions under a 13
law of a State or Territory that include the registration of persons as 14
health practitioners. 15
mandatory notification means a notification an entity is required to 16
make to the National Agency under Division 2 of Part 8. 17
medical practitioner means a person who is registered under this Law 18
in the medical profession. 19
Ministerial Council means the Australian Health Workforce 20
Ministerial Council comprising Ministers of the governments of the 21
participating jurisdictions and the Commonwealth with portfolio 22
responsibility for health. 23
National Agency means the Australian Health Practitioner Regulation 24
Agency established by section 23. 25
National Board means a National Health Practitioner Board established 26
by section 31. 27
National Register means the Register kept by a National Board under 28
section 222. 29
national registration and accreditation scheme means the scheme-- 30
(a) referred to in the COAG Agreement; and 31
(b) established by this Law. 32
notification means-- 33
(a) a mandatory notification; or 34
(b) a voluntary notification. 35
notifier means a person who makes a notification. 36
panel means-- 37
(a) a health panel; or 38
(b) a performance and professional standards panel. 39
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participating jurisdiction means a State or Territory-- 1
(a) that is a party to the COAG Agreement; and 2
(b) in which-- 3
(i) this Law applies as a law of the State or Territory; or 4
(ii) a law that substantially corresponds to the provisions of 5
this Law has been enacted. 6
performance and professional standards panel means a panel 7
established under section 182. 8
performance assessment means an assessment of the knowledge, skill 9
or judgment possessed, or care exercised by, a registered health 10
practitioner in the practice of the health profession in which the 11
practitioner is registered. 12
police commissioner means the commissioner of the police force or 13
police service of a participating jurisdiction or the Commonwealth. 14
principal place of practice, for a registered health practitioner, means 15
the address declared by the practitioner to be the address-- 16
(a) at which the practitioner is predominantly practising the 17
profession; or 18
(b) if the practitioner is not practising the profession or is not 19
practising the profession predominantly at one address, that is the 20
practitioner's principal place of residence. 21
professional misconduct, of a registered health practitioner, includes-- 22
(a) unprofessional conduct by the practitioner that amounts to 23
conduct that is substantially below the standard reasonably 24
expected of a registered health practitioner of an equivalent level 25
of training or experience; and 26
(b) more than one instance of unprofessional conduct that, when 27
considered together, amounts to conduct that is substantially 28
below the standard reasonably expected of a registered health 29
practitioner of an equivalent level of training or experience; and 30
(c) conduct of the practitioner, whether occurring in connection with 31
the practice of the health practitioner's profession or not, that is 32
inconsistent with the practitioner being a fit and proper person to 33
hold registration in the profession. 34
program of study means a program of study provided by an education 35
provider. 36
psychologist means a person registered under this Law in the 37
psychology profession. 38
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public health facility includes-- 1
(a) a public hospital; and 2
(b) a public health, teaching or research facility. 3
recognised specialty means a specialty in a health profession that has 4
been approved by the Ministerial Council under section 13(2). 5
registered health practitioner means an individual who-- 6
(a) is registered under this Law to practise a health profession, other 7
than as a student; or 8
(b) holds non-practising registration under this Law in a health 9
profession. 10
registration authority means-- 11
(a) a local registration authority; or 12
(b) an entity of a jurisdiction outside Australia that has responsibility 13
for registering health practitioners in that jurisdiction. 14
registration standard means a registration standard developed by a 15
National Board under section 38. 16
registration status, in relation to an applicant for registration, 17
includes-- 18
(a) any undertakings given by the applicant to a registration 19
authority, whether before or after the commencement of this 20
Law; and 21
(b) any conditions previously imposed on the applicant's registration 22
by a registration authority, whether before or after the 23
commencement of this Law; and 24
(c) any decisions made by a registration authority, a tribunal, a court 25
or another entity having functions relating to the regulation of 26
health practitioners about the applicant's practice of the 27
profession, whether before or after the commencement of this 28
Law; and 29
(d) any investigation commenced by a registration authority or a 30
health complaints entity into the applicant's conduct, 31
performance or possible impairment but not finalised at the time 32
of the application. 33
relevant action, for Division 10 of Part 8, see section 178. 34
relevant fee, for a service provided by a National Board, means the 35
fee-- 36
(a) set under a health profession agreement between the Board and 37
the National Agency for the service; and 38
(b) published on the Board's website under section 26(3). 39
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responsible Minister means a Minister responsible for the 1
administration of this Law in a participating jurisdiction. 2
responsible tribunal means a tribunal or court that-- 3
(a) is declared, by the Act applying this Law in a participating 4
jurisdiction, to be the responsible tribunal for that jurisdiction for 5
the purposes of this Law as applied in that jurisdiction, or 6
(b) is declared, by a law that substantially corresponds to this Law 7
enacted in a participating jurisdiction, to be the responsible 8
tribunal for that jurisdiction for the purposes of the law of that 9
jurisdiction. 10
review period, for a condition or undertaking, means the period during 11
which the condition may not be changed or removed, or the undertaking 12
may not be changed or revoked, under section 125, 126 or 127. 13
scheduled medicine means a substance included in a Schedule to the 14
current Poisons Standard within the meaning of the Therapeutic Goods 15
Act 1989 of the Commonwealth. 16
specialist health practitioner means a person registered under this Law 17
in a recognised specialty. 18
Specialists Register means a register kept by a National Board under 19
section 223. 20
specialist title, in relation to a recognised specialty, means a title that is 21
approved by the Ministerial Council under section 13 as being a 22
specialist title for that recognised specialty. 23
State or Territory Board has the meaning given by section 36. 24
student means a person whose name is entered in a student register as 25
being currently registered under this Law. 26
student register, for a health profession, means a register kept under 27
section 229 by the National Board established for the profession. 28
unprofessional conduct, of a registered health practitioner, means 29
professional conduct that is of a lesser standard than that which might 30
reasonably be expected of the health practitioner by the public or the 31
practitioner's professional peers, and includes-- 32
(a) a contravention by the practitioner of this Law, whether or not the 33
practitioner has been prosecuted for, or convicted of, an offence 34
in relation to the contravention; and 35
(b) a contravention by the practitioner of-- 36
(i) a condition to which the practitioner's registration was 37
subject; or 38
(ii) an undertaking given by the practitioner to the National 39
Board that registers the practitioner; and 40
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(c) the conviction of the practitioner for an offence under another 1
Act, the nature of which may affect the practitioner's suitability 2
to continue to practise the profession; and 3
(d) providing a person with health services of a kind that are 4
excessive, unnecessary or otherwise not reasonably required for 5
the person's well-being; and 6
(e) influencing, or attempting to influence, the conduct of another 7
registered health practitioner in a way that may compromise 8
patient care; and 9
(f) accepting a benefit as inducement, consideration or reward for 10
referring another person to a health service provider or 11
recommending another person use or consult with a health 12
service provider; and 13
(g) offering or giving a person a benefit, consideration or reward in 14
return for the person referring another person to the practitioner 15
or recommending to another person that the person use a health 16
service provided by the practitioner; and 17
(h) referring a person to, or recommending that a person use or 18
consult, another health service provider, health service or health 19
product if the practitioner has a pecuniary interest in giving that 20
referral or recommendation, unless the practitioner discloses the 21
nature of that interest to the person before or at the time of giving 22
the referral or recommendation. 23
unsatisfactory professional performance, of a registered health 24
practitioner, means the knowledge, skill or judgment possessed, or care 25
exercised by, the practitioner in the practice of the health profession in 26
which the practitioner is registered is below the standard reasonably 27
expected of a health practitioner of an equivalent level of training or 28
experience. 29
voluntary notification means a notification made under Division 3 of 30
Part 8. 31
6 Interpretation generally 32
Schedule 7 applies in relation to this Law. 33
7 Single national entity 34
(1) It is the intention of the Parliament of this jurisdiction that this Law as 35
applied by an Act of this jurisdiction, together with this Law as applied 36
by Acts of the other participating jurisdictions, has the effect that an 37
entity established by this Law is one single national entity, with 38
functions conferred by this Law as so applied. 39
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(2) An entity established by this Law has power to do acts in or in relation 1
to this jurisdiction in the exercise of a function expressed to be 2
conferred on it by this Law as applied by Acts of each participating 3
jurisdiction. 4
(3) An entity established by this Law may exercise its functions in relation 5
to-- 6
(a) one participating jurisdiction; or 7
(b) 2 or more or all participating jurisdictions collectively. 8
(4) In this section, a reference to this Law as applied by an Act of a 9
jurisdiction includes a reference to a law that substantially corresponds 10
to this Law enacted in a jurisdiction. 11
8 Extraterritorial operation of Law 12
It is the intention of the Parliament of this jurisdiction that the operation 13
of this Law is to, as far as possible, include operation in relation to the 14
following-- 15
(a) things situated in or outside the territorial limits of this 16
jurisdiction; 17
(b) acts, transactions and matters done, entered into or occurring in 18
or outside the territorial limits of this jurisdiction; 19
(c) things, acts, transactions and matters (wherever situated, done, 20
entered into or occurring) that would, apart from this Law, be 21
governed or otherwise affected by the law of another jurisdiction. 22
9 Trans-Tasman mutual recognition principle 23
This Law does not affect the operation of an Act of a participating 24
jurisdiction providing for the application of the Trans-Tasman mutual 25
recognition principle to occupations. 26
10 Law binds the State 27
(1) This Law binds the State. 28
(2) In this section-- 29
State means the Crown in right of this jurisdiction, and includes-- 30
(a) the Government of this jurisdiction; and 31
(b) a Minister of the Crown in right of this jurisdiction; and 32
(c) a statutory corporation, or other entity, representing the Crown in 33
right of this jurisdiction. 34
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Part 2 Ministerial Council 1
11 Policy directions 2
(1) The Ministerial Council may give directions to the National Agency 3
about the policies to be applied by the National Agency in exercising its 4
functions under this Law. 5
(2) The Ministerial Council may give directions to a National Board about 6
the policies to be applied by the National Board in exercising its 7
functions under this Law. 8
(3) Without limiting subsections (1) and (2), a direction under this section 9
may relate to-- 10
(a) a matter relevant to the policies of the National Agency or a 11
National Board; or 12
(b) an administrative process of the National Agency or a National 13
Board; or 14
(c) a procedure of the National Agency or a National Board; or 15
(d) a particular proposed accreditation standard, or a particular 16
proposed amendment of an accreditation standard, for a health 17
profession. 18
(4) However, the Ministerial Council may give a National Board a direction 19
under subsection (3)(d) only if-- 20
(a) in the Council's opinion, the proposed accreditation standard or 21
amendment will have a substantive and negative impact on the 22
recruitment or supply of health practitioners; and 23
(b) the Council has first given consideration to the potential impact 24
of the Council's direction on the quality and safety of health care. 25
(5) A direction under this section cannot be about-- 26
(a) a particular person; or 27
(b) a particular qualification; or 28
(c) a particular application, notification or proceeding. 29
(6) The National Agency or a National Board must comply with a direction 30
given to it by the Ministerial Council under this section. 31
12 Approval of registration standards 32
(1) The Ministerial Council may approve a registration standard about-- 33
(a) the registration, or renewal of registration, of persons in a health 34
profession; or 35
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(b) the endorsement, or renewal of the endorsement, of the 1
registration of registered health practitioners. 2
(2) The Ministerial Council may approve a registration standard for a health 3
profession only if-- 4
(a) its approval is recommended by the National Board established 5
for the health profession; and 6
(b) it does not provide for a matter about which an accreditation 7
standard may provide. 8
Note. An accreditation standard for a health profession is a standard used to 9
assess whether a program of study, and the education provider that provides 10
the program, provide persons who complete the program with the knowledge, 11
skills and professional attributes to practise the profession in Australia. 12
Accreditation standards are developed and approved under Division 3 of Part 6. 13
(3) The Ministerial Council may, at any time, ask a National Board to 14
review an approved or proposed registration standard for the health 15
profession for which the National Board is established. 16
13 Approvals in relation to specialist registration 17
(1) The following health professions, or divisions of health professions, are 18
health professions for which specialist recognition operates under this 19
Law-- 20
(a) the medical profession; 21
(b) the dentists division of the dental profession; 22
(c) any other health profession approved by the Ministerial Council, 23
on the recommendation of the National Board established for the 24
profession. 25
(2) If a health profession is a profession for which specialist recognition 26
operates, the Ministerial Council may, on the recommendation of the 27
National Board established for the profession-- 28
(a) approve a list of specialties for the profession; and 29
(b) approve one or more specialist titles for each specialty in the list. 30
(3) In making a recommendation to the Ministerial Council for the purposes 31
of subsection (1)(c) or (2), a National Board established for a health 32
profession may have regard to any relevant advice provided by-- 33
(a) an accreditation authority for the profession; or 34
(b) a specialist college for the profession. 35
(4) The Ministerial Council may provide guidance to a National Board 36
established for a health profession for which specialist recognition will 37
operate in relation to the criteria for the approval of specialties for the 38
profession by the Council. 39
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14 Approval of endorsement in relation to scheduled medicines 1
(1) The Ministerial Council may, on the recommendation of a National 2
Board, decide that the Board may endorse the registration of health 3
practitioners practising the profession for which the Board is 4
established as being qualified to administer, obtain, possess, prescribe, 5
sell, supply or use a scheduled medicine or class of scheduled 6
medicines. 7
Note. See section 94 which provides for the endorsement of health 8
practitioners' registration in relation to scheduled medicines. 9
(2) An approval under subsection (1) is to specify-- 10
(a) the class of health practitioners registered by the Board to which 11
the approval relates; and 12
(b) whether the National Board may endorse the registration of the 13
class of health practitioners as being qualified in relation to a 14
particular scheduled medicine or a class of scheduled medicines; 15
and 16
(c) whether the National Board may endorse the registration of the 17
class of health practitioners in relation to administering, 18
obtaining, possessing, prescribing, selling, supplying or using the 19
scheduled medicine or class of scheduled medicines. 20
15 Approval of areas of practice for purposes of endorsement 21
The Ministerial Council may, on the recommendation of a National 22
Board, approve an area of practice in the health profession for which the 23
Board is established as being an area of practice for which the 24
registration of a health practitioner registered in the profession may be 25
endorsed. 26
Note. See section 98 which provides for the endorsement of health 27
practitioners' registration in relation to approved areas of practice. 28
16 How Ministerial Council exercises functions 29
(1) The Ministerial Council is to give a direction or approval, or make a 30
recommendation, request or appointment, for the purposes of a 31
provision of this Law by resolution of the Council passed in accordance 32
with procedures determined by the Council. 33
(2) An act or thing done by the Ministerial Council (whether by resolution, 34
instrument or otherwise) does not cease to have effect merely because 35
of a change in the Council's membership. 36
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17 Notification and publication of directions and approvals 1
(1) A copy of any direction given by the Ministerial Council to the National 2
Agency-- 3
(a) is to be given to the Chairperson of the Agency Management 4
Committee; and 5
(b) must be published by the National Agency on its website as soon 6
as practicable after being received by the Chairperson. 7
(2) A copy of a direction or approval given by the Ministerial Council to a 8
National Board-- 9
(a) is to be given to the Chairperson of the National Board; and 10
(b) if the direction is given under section 11(3)(d), is to include 11
reasons for the direction; and 12
(c) must be published by the National Board on its website as soon 13
as practicable after being received by the Chairperson. 14
(3) A copy of a direction or approval given by the Ministerial Council to the 15
National Agency or to a National Board is to be published in the annual 16
report of the National Agency. 17
Part 3 Australian Health Workforce Advisory Council 18
18 Establishment of Advisory Council 19
The Australian Health Workforce Advisory Council is established. 20
19 Function of Advisory Council 21
(1) The function of the Advisory Council is to provide independent advice 22
to the Ministerial Council about the following-- 23
(a) any matter relating to the national registration and accreditation 24
scheme that is referred to it by the Ministerial Council; 25
(b) if asked by the Ministerial Council, any matter relating to the 26
national registration and accreditation scheme on which the 27
Ministerial Council has been unable to reach a decision; 28
(c) any other matter relating to the national registration and 29
accreditation scheme that it considers appropriate. 30
(2) Advice under this section cannot be about-- 31
(a) a particular person; or 32
(b) a particular qualification; or 33
(c) a particular application, notification or proceeding. 34
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20 Publication of advice 1
(1) The Ministerial Council is to make arrangements for the publication of 2
advice given to it by the Advisory Council as soon as practicable after 3
the Ministerial Council has had the opportunity to consider the advice, 4
in accordance with the COAG Agreement. 5
(2) However, the Ministerial Council may decide not to publish an advice 6
or part of an advice if the Advisory Council recommends that the 7
Council not publish it in the interests of protecting the privacy of any 8
person. 9
21 Powers of Advisory Council 10
The Advisory Council has the powers necessary to enable it to exercise 11
its function. 12
22 Membership of Advisory Council 13
(1) The Advisory Council is to consist of 7 members. 14
(2) Members of the Advisory Council are to be appointed by the Ministerial 15
Council. 16
(3) One of the members of the Advisory Council is to be appointed as 17
Chairperson, being a person who-- 18
(a) is not a registered health practitioner; and 19
(b) has not been registered as a health practitioner under this Law or 20
a corresponding prior Act within the last 5 years. 21
(4) At least 3 of the other members of the Advisory Council are to be 22
persons who have expertise in health, or education and training, or both. 23
(5) Schedule 1 sets out provisions relating to the Advisory Council. 24
Part 4 Australian Health Practitioner Regulation 25
Agency 26
Division 1 National Agency 27
23 National Agency 28
(1) The Australian Health Practitioner Regulation Agency is established. 29
(2) The National Agency-- 30
(a) is a body corporate with perpetual succession; and 31
(b) has a common seal; and 32
(c) may sue and be sued in its corporate name. 33
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(3) The National Agency represents the State. 1
(4) Schedule 3 sets out provisions relating to the National Agency. 2
24 General powers of National Agency 3
The National Agency has all the powers of an individual and, in 4
particular, may-- 5
(a) enter into contracts; and 6
(b) acquire, hold, dispose of, and deal with, real and personal 7
property; and 8
(c) do anything necessary or convenient to be done in the exercise of 9
its functions. 10
25 Functions of National Agency 11
The functions of the National Agency are as follows-- 12
(a) to provide administrative assistance and support to the National 13
Boards, and the Boards' committees, in exercising their 14
functions; 15
(b) in consultation with the National Boards, to develop and 16
administer procedures for the purpose of ensuring the efficient 17
and effective operation of the National Boards; 18
(c) to establish procedures for the development of accreditation 19
standards, registration standards and codes and guidelines 20
approved by National Boards, for the purpose of ensuring the 21
national registration and accreditation scheme operates in 22
accordance with good regulatory practice; 23
(d) to negotiate in good faith with, and attempt to come to an 24
agreement with, each National Board on the terms of a health 25
profession agreement; 26
(e) to establish and administer an efficient procedure for receiving 27
and dealing with applications for registration as a health 28
practitioner and other matters relating to the registration of 29
registered health practitioners; 30
(f) in conjunction with the National Boards, to keep up-to-date and 31
publicly accessible national registers of registered health 32
practitioners for each health profession; 33
(g) in conjunction with the National Boards, to keep up-to-date 34
national registers of students for each health profession; 35
(h) to keep an up-to-date and publicly accessible list of approved 36
programs of study for each health profession; 37
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(i) to establish an efficient procedure for receiving and dealing with 1
notifications against persons who are or were registered health 2
practitioners and persons who are students, including by 3
establishing a national process for receiving notifications about 4
registered health practitioners in all professions; 5
(j) to provide advice to the Ministerial Council in connection with 6
the administration of the national registration and accreditation 7
scheme; 8
(k) if asked by the Ministerial Council, to give to the Ministerial 9
Council the assistance or information reasonably required by the 10
Ministerial Council in connection with the administration of the 11
national registration and accreditation scheme; 12
(l) any other function given to the National Agency by or under this 13
Law. 14
26 Health profession agreements 15
(1) The National Agency must enter into an agreement (a health profession 16
agreement) with a National Board that makes provision for the 17
following-- 18
(a) the fees that will be payable under this Law by health 19
practitioners and others in respect of the health profession for 20
which the Board is established (including arrangements relating 21
to refunds of fees, waivers of fees and additional fees for late 22
payment); 23
(b) the annual budget of the National Board (including the funding 24
arrangements for its committees and accreditation authorities); 25
(c) the services to be provided to the National Board by the National 26
Agency to enable the National Board to carry out its functions 27
under this Law. 28
(2) If the National Agency and a National Board are unable to agree on a 29
matter relating to a health profession agreement or a proposed health 30
profession agreement, the Ministerial Council may give directions to 31
the National Agency and National Board about how the dispute is to be 32
resolved. 33
(3) Each National Board must publish on its website the fees for which 34
provision has been made in a health profession agreement between the 35
Board and the National Agency. 36
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27 Co-operation with participating jurisdictions and Commonwealth 1
(1) The National Agency may exercise any of its functions in co-operation 2
with or with the assistance of a participating jurisdiction or the 3
Commonwealth, including in co-operation with or with the assistance of 4
any of the following-- 5
(a) a government agency of a participating jurisdiction or of the 6
Commonwealth; 7
(b) a local registration authority; 8
(c) a co-regulatory authority; 9
(d) a health complaints entity; 10
(e) an educational body or other body established by or under a law 11
of a participating jurisdiction or the Commonwealth. 12
(2) In particular, the National Agency may-- 13
(a) ask an entity referred to in subsection (1) for information that the 14
Agency requires to exercise its functions under this Law; and 15
(b) use the information to exercise its functions under this Law. 16
(3) An entity referred to in subsection (1) that receives a request for 17
information from the National Agency is authorised to give the 18
information to the National Agency. 19
28 Office of National Agency 20
(1) The National Agency is to establish a national office. 21
(2) The National Agency is also to establish at least one local office in each 22
participating jurisdiction. 23
Division 2 Agency Management Committee 24
29 Agency Management Committee 25
(1) The Australian Health Practitioner Regulation Agency Management 26
Committee is established. 27
(2) The Agency Management Committee is to consist of at least 5 members 28
appointed by the Ministerial Council. 29
(3) Of the members-- 30
(a) one is to be a person appointed by the Ministerial Council as 31
Chairperson, being a person who-- 32
(i) is not a registered health practitioner; and 33
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(ii) has not been registered as a health practitioner under this 1
Law or a corresponding prior Act within the last 5 years; 2
and 3
(b) at least 2 others are to be persons who have expertise in health, or 4
education and training, or both; and 5
(c) at least 2 others are to be persons who are not current or former 6
registered health practitioners and who have business or 7
administrative expertise. 8
(4) Schedule 2 sets out provisions relating to the Agency Management 9
Committee. 10
30 Functions of Agency Management Committee 11
(1) The functions of the Agency Management Committee are as follows-- 12
(a) subject to any directions of the Ministerial Council, to decide the 13
policies of the National Agency; 14
(b) to ensure that the National Agency performs its functions in a 15
proper, effective and efficient way; 16
(c) any other function given to the Committee by or under this Law. 17
(2) The affairs of the National Agency are to be controlled by the Agency 18
Management Committee and all acts and things done in the name of, or 19
on behalf of, the National Agency by or with the authority of the 20
Agency Management Committee are taken to have been done by the 21
National Agency. 22
Part 5 National Boards 23
Division 1 National Boards 24
31 Establishment of National Boards 25
(1) Each of the following National Health Practitioner Boards is established 26
for the health profession listed beside that Board in the following 27
Table-- 28
Table-- National Boards 29
Name of Board Health profession
Aboriginal and Torres Strait Islander Aboriginal and Torres Strait Islander
Health Practice Board of Australia health practice
Chinese Medicine Board of Australia Chinese medicine
Chiropractic Board of Australia chiropractic
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Name of Board Health profession
Dental Board of Australia dental (including the profession of a
dentist, dental therapist, dental
hygienist, dental prosthetist or oral
health therapist)
Medical Board of Australia medical
Medical Radiation Practice Board of medical radiation practice
Australia
Nursing and Midwifery Board of nursing and midwifery
Australia
Occupational Therapy Board of occupational therapy
Australia
Optometry Board of Australia optometry
Osteopathy Board of Australia osteopathy
Pharmacy Board of Australia pharmacy
Physiotherapy Board of Australia physiotherapy
Podiatry Board of Australia podiatry
Psychology Board of Australia psychology
(2) A National Board-- 1
(a) is a body corporate with perpetual succession; and 2
(b) has a common seal; and 3
(c) may sue and be sued in its corporate name. 4
(3) A National Board represents the State. 5
32 Powers of National Board 6
(1) Subject to subsection (2), a National Board has the powers necessary to 7
enable it to exercise its functions. 8
(2) A National Board does not have power to-- 9
(a) enter into contracts; or 10
(b) employ staff; or 11
(c) acquire, hold, dispose of, and deal with, real property. 12
(3) The National Board may exercise any of its functions in co-operation 13
with or with the assistance of a participating jurisdiction or the 14
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Commonwealth, including in co-operation with or with the assistance of 1
any of the following-- 2
(a) a government agency of a participating jurisdiction or of the 3
Commonwealth; 4
(b) a local registration authority; 5
(c) a co-regulatory authority; 6
(d) a health complaints entity; 7
(e) an educational body or other body established by or under a law 8
of a participating jurisdiction or the Commonwealth. 9
(4) In particular, the National Board may-- 10
(a) ask an entity referred to in subsection (3) for information that the 11
Board requires to exercise its functions under this Law; and 12
(b) use the information to exercise its functions under this Law. 13
(5) An entity referred to in subsection (3) that receives a request for 14
information from the National Board is authorised to give the 15
information to the National Board. 16
33 Membership of National Boards 17
(1) A National Board is to consist of members appointed in writing by the 18
Ministerial Council. 19
(2) Members of a National Board are to be appointed as practitioner 20
members or community members. 21
(3) Subject to this section, the Ministerial Council may decide the size and 22
composition of a National Board. 23
(4) At least half, but not more than two-thirds, of the members of a National 24
Board must be persons appointed as practitioner members. 25
(5) The practitioner members of a National Board must consist of-- 26
(a) at least one member from each large participating jurisdiction; 27
and 28
(b) at least one member from a small participating jurisdiction. 29
(6) At least 2 of the members of a National Board must be persons 30
appointed as community members. 31
(7) At least one of the members of a National Board must live in a regional 32
or rural area. 33
(8) A person cannot be appointed as a member of a National Board if the 34
person is a member of the Agency Management Committee. 35
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(9) One of the practitioner members of the National Board is to be 1
appointed as Chairperson of the Board by the Ministerial Council. 2
(10) Schedule 4 sets out provisions relating to a National Board. 3
(11) In this section-- 4
large participating jurisdiction means any of the following States that 5
is a participating jurisdiction-- 6
(a) New South Wales; 7
(b) Queensland; 8
(c) South Australia; 9
(d) Victoria; 10
(e) Western Australia. 11
small participating jurisdiction means any of the following States or 12
Territories that is a participating jurisdiction-- 13
(a) the Australian Capital Territory; 14
(b) the Northern Territory; 15
(c) Tasmania. 16
34 Eligibility for appointment 17
(1) In deciding whether to appoint a person as a member of a National 18
Board, the Ministerial Council is to have regard to the skills and 19
experience of the person that are relevant to the Board's functions. 20
(2) A person is eligible to be appointed as a practitioner member only if the 21
person is a registered health practitioner in the health profession for 22
which the Board is established. 23
(3) A person is eligible to be appointed as a community member of a 24
National Board only if the person-- 25
(a) is not a registered health practitioner in the health profession for 26
which the Board is established; and 27
(b) has not at any time been registered as a health practitioner in the 28
health profession under this Law or a corresponding prior Act. 29
(4) A person is not eligible to be appointed as a member of a National Board 30
if-- 31
(a) in the case of appointment as a practitioner member, the person 32
has ceased to be registered as a health practitioner in the health 33
profession for which the Board is established, whether before or 34
after the commencement of this Law, as a result of the person's 35
misconduct, impairment or incompetence; or 36
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(b) in any case, the person has, at any time, been found guilty of an 1
offence (whether in a participating jurisdiction or elsewhere) that, 2
in the opinion of the Ministerial Council, renders the person unfit 3
to hold the office of member. 4
Division 2 Functions of National Boards 5
35 Functions of National Boards 6
(1) The functions of a National Board established for a health profession 7
are as follows-- 8
(a) to register suitably qualified and competent persons in the health 9
profession and, if necessary, to impose conditions on the 10
registration of persons in the profession; 11
(b) to decide the requirements for registration or endorsement of 12
registration in the health profession, including the arrangements 13
for supervised practice in the profession; 14
(c) to develop or approve standards, codes and guidelines for the 15
health profession, including-- 16
(i) the approval of accreditation standards developed and 17
submitted to it by an accreditation authority; and 18
(ii) the development of registration standards for approval by 19
the Ministerial Council; and 20
(iii) the development and approval of codes and guidelines that 21
provide guidance to health practitioners registered in the 22
profession; 23
(d) to approve accredited programs of study as providing 24
qualifications for registration or endorsement in the health 25
profession; 26
(e) to oversee the assessment of the knowledge and clinical skills of 27
overseas trained applicants for registration in the health 28
profession whose qualifications are not approved qualifications 29
for the profession, and to determine the suitability of the 30
applicants for registration in Australia; 31
(f) to negotiate in good faith with, and attempt to come to an 32
agreement with, the National Agency on the terms of a health 33
profession agreement; 34
(g) to oversee the receipt, assessment and investigation of 35
notifications about persons who-- 36
(i) are or were registered as health practitioners in the health 37
profession under this Law or a corresponding prior Act; or 38
(ii) are students in the health profession; 39
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(h) to establish panels to conduct hearings about-- 1
(i) health and performance and professional standards 2
matters in relation to persons who are or were registered in 3
the health profession under this Law or a corresponding 4
prior Act; and 5
(ii) health matters in relation to students registered by the 6
Board; 7
(i) to refer matters about health practitioners who are or were 8
registered under this Law or a corresponding prior Act to 9
responsible tribunals for participating jurisdictions; 10
(j) to oversee the management of health practitioners and students 11
registered in the health profession, including monitoring 12
conditions, undertaking and suspensions imposed on the 13
registration of the practitioners or students; 14
(k) to make recommendations to the Ministerial Council about the 15
operation of specialist recognition in the health profession and 16
the approval of specialties for the profession; 17
(l) in conjunction with the National Agency, to keep up-to-date and 18
publicly accessible national registers of registered health 19
practitioners for the health profession; 20
(m) in conjunction with the National Agency, to keep an up-to-date 21
national register of students for the health profession; 22
(n) at the Board's discretion, to provide financial or other support for 23
health programs for registered health practitioners and students; 24
(o) to give advice to the Ministerial Council on issues relating to the 25
national registration and accreditation scheme for the health 26
profession; 27
(p) if asked by the Ministerial Council, to give to the Ministerial 28
Council the assistance or information reasonably required by the 29
Ministerial Council in connection with the national registration 30
and accreditation scheme; 31
(q) to do anything else necessary or convenient for the effective and 32
efficient operation of the national registration and accreditation 33
scheme; 34
(r) any other function given to the Board by or under this Law. 35
(2) For the purposes of subsection (1)(g)-(j), the Board's functions do not 36
include receiving notifications and taking action referred to in those 37
paragraphs in relation to behaviour by a registered health practitioner or 38
student that occurred, or is reasonably believed to have occurred, in a 39
co-regulatory jurisdiction. 40
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36 State and Territory Boards 1
(1) A National Board may establish a committee (a State or Territory 2
Board) for a participating jurisdiction to enable the Board to exercise its 3
functions in the jurisdiction in a way that provides an effective and 4
timely local response to health practitioners and other persons in the 5
jurisdiction. 6
(2) A State or Territory Board is to be known as the "[Name of participating 7
jurisdiction for which it is established] Board" of the National Board. 8
(3) The members of a State or Territory Board are to be appointed by the 9
responsible Minister for the participating jurisdiction. 10
Example.
(a) The Pharmacy Board of Australia decides to establish a State or 11
Territory Board for New South Wales. The State or Territory Board will 12
be known as the New South Wales Board of the Pharmacy Board of 13
Australia. The members of the State or Territory Board will be appointed 14
by the responsible Minister for New South Wales. 15
(b) The Podiatry Board of Australia decides to establish a State or Territory 16
Board for Queensland and the Northern Territory. The State or Territory 17
Board will be known as the Queensland and Northern Territory Board of 18
the Podiatry Board of Australia. The members of the State or Territory 19
Board will be appointed jointly by the responsible Ministers for 20
Queensland and the Northern Territory. 21
(4) In deciding whether to appoint a person as a member of a State or 22
Territory Board, the responsible Minister is to have regard to the skills 23
and experience of the person that are relevant to the Board's functions. 24
(5) At least half, but not more than two-thirds, of the members of a State or 25
Territory Board must be persons appointed as practitioner members. 26
(6) At least 2 of the members of a State or Territory Board must be persons 27
appointed as community members. 28
Note. See section 299 which provides that subsections (5) and (6) do not apply 29
to a State or Territory Board for a jurisdiction for the first 12 months after the 30
jurisdiction becomes a participating jurisdiction. 31
(7) Before a responsible Minister appoints a member of a State or Territory 32
Board the vacancy to be filled is to be publicly advertised. 33
(8) The National Agency may assist a responsible Minister in the process 34
of appointing members of a State or Territory Board, including in the 35
advertising of vacancies. 36
(9) It is not necessary to advertise a vacancy in the membership of a State 37
or Territory Board before appointing a person to act in the office of a 38
member. 39
Note. The general interpretation provisions applicable to this Law under section 40
6 confer power to appoint acting members of a State or Territory Board. 41
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(10) This section does not limit clause 11 of Schedule 4. 1
Note. Clause 11 of Schedule 4 confers power for the establishment of other 2
committees. 3
37 Delegation of functions 4
(1) A National Board may delegate any of its functions, other than this 5
power of delegation, to-- 6
(a) a committee; or 7
(b) the National Agency; or 8
(c) a member of the staff of the National Agency; or 9
(d) a person engaged as a contractor by the National Agency. 10
(2) The National Agency may subdelegate any function delegated to the 11
National Agency by a National Board to a member of the staff of the 12
National Agency. 13
Division 3 Registration standards and codes and guidelines 14
38 National board must develop registration standards 15
(1) A National Board must develop and recommend to the Ministerial 16
Council one or more registration standards about the following matters 17
for the health profession for which the Board is established-- 18
(a) requirements for professional indemnity insurance arrangements 19
for registered health practitioners registered in the profession; 20
(b) matters about the criminal history of applicants for registration in 21
the profession, and registered health practitioners and students 22
registered by the Board, including, the matters to be considered 23
in deciding whether an individual's criminal history is relevant to 24
the practice of the profession; 25
(c) requirements for continuing professional development for 26
registered health practitioners registered in the profession; 27
(d) requirements about the English language skills necessary for an 28
applicant for registration in the profession to be suitable for 29
registration in the profession; 30
(e) requirements in relation to the nature, extent, period and recency 31
of any previous practice of the profession by applicants for 32
registration in the profession. 33
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(2) Subject to subsection (3), a National Board may also develop, and 1
recommend to the Ministerial Council, one or more registration 2
standards about the following-- 3
(a) the physical and mental health of-- 4
(i) applicants for registration in the profession; and 5
(ii) registered health practitioners and students; 6
(b) the scope of practice of health practitioners registered in the 7
profession; 8
(c) any other issue relevant to the eligibility of individuals for 9
registration in the profession or the suitability of individuals to 10
competently and safely practise the profession. 11
(3) A registration standard may not be about a matter for which an 12
accreditation standard may provide. 13
Note. An accreditation standard for a health profession is used to assess 14
whether a program of study, and the education provider that provides the 15
program of study, provide persons who complete the program with the 16
knowledge, skills and professional attributes to practise the profession. 17
Accreditation standards are developed and approved under Division 3 of Part 6. 18
39 Codes and guidelines 19
A National Board may develop and approve codes and guidelines-- 20
(a) to provide guidance to the health practitioners it registers; and 21
(b) about other matters relevant to the exercise of its functions. 22
Example. A National Board may develop guidelines about the advertising of 23
regulated health services by health practitioners registered by the Board or 24
other persons for the purposes of section 133. 25
40 Consultation about registration standards, codes and guidelines 26
(1) If a National Board develops a registration standard or a code or 27
guideline, it must ensure there is wide-ranging consultation about its 28
content. 29
(2) A contravention of subsection (1) does not invalidate a registration 30
standard, code or guideline. 31
(3) The following must be published on a National Board's website-- 32
(a) a registration standard developed by the Board and approved by 33
the Ministerial Council; 34
(b) a code or guideline approved by the National Board. 35
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(4) An approved registration standard or a code or guideline takes effect-- 1
(a) on the day it is published on the National Board's website; or 2
(b) if a later day is stated in the registration standard, code or 3
guideline, on that day. 4
41 Use of registration standards, codes or guidelines in disciplinary 5
proceedings 6
An approved registration standard for a health profession, or a code or 7
guideline approved by a National Board, is admissible in proceedings 8
under this Law or a law of a co-regulatory jurisdiction against a health 9
practitioner registered by the Board as evidence of what constitutes 10
appropriate professional conduct or practice for the health profession. 11
Part 6 Accreditation 12
Division 1 Preliminary 13
42 Definition 14
In this Part-- 15
accreditation function means-- 16
(a) developing accreditation standards for approval by a National 17
Board; or 18
(b) assessing programs of study, and the education providers that 19
provide the programs of study, to determine whether the 20
programs meet approved accreditation standards; or 21
(c) assessing authorities in other countries who conduct 22
examinations for registration in a health profession, or accredit 23
programs of study relevant to registration in a health profession, 24
to decide whether persons who successfully complete the 25
examinations or programs of study conducted or accredited by 26
the authorities have the knowledge, clinical skills and 27
professional attributes necessary to practise the profession in 28
Australia; or 29
(d) overseeing the assessment of the knowledge, clinical skills and 30
professional attributes of overseas qualified health practitioners 31
who are seeking registration in a health profession under this Law 32
and whose qualifications are not approved qualifications for the 33
health profession; or 34
(e) making recommendations and giving advice to a National Board 35
about a matter referred to in paragraph (a), (b), (c) or (d). 36
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Division 2 Accreditation authorities 1
43 Accreditation authority to be decided 2
(1) The National Board established for a health profession must decide 3
whether an accreditation function for the health profession for which the 4
Board is established is to be exercised by-- 5
(a) an external accreditation entity; or 6
(b) a committee established by the Board. 7
Note. See sections 253 and 301 which provide for the performance of 8
accreditation functions for a health profession by external accreditation 9
authorities appointed by the Ministerial Council for a period after the 10
commencement of this Law. 11
(2) The National Agency may charge an entity the relevant fee for the 12
exercise of an accreditation function by an accreditation committee. 13
44 National Agency may enter into contracts with external accreditation 14
entities 15
The National Agency may enter into a contract with an external 16
accreditation entity for the performance by the entity of an accreditation 17
function for a health profession only if the terms of the contract are in 18
accordance with the health profession agreement between the National 19
Agency and the National Board established for that profession. 20
45 Accreditation processes to be published 21
Each accreditation authority must publish on its website or, if the 22
authority is an accreditation committee, the website of the National 23
Board that established the committee, how it will exercise its 24
accreditation function. 25
Division 3 Accreditation functions 26
46 Development of accreditation standards 27
(1) An accreditation standard for a health profession may be developed 28
by-- 29
(a) an external accreditation entity for the health profession; or 30
(b) an accreditation committee established by the National Board 31
established for the health profession. 32
(2) In developing an accreditation standard for a health profession, an 33
accreditation authority must undertake wide-ranging consultation about 34
the content of the standard. 35
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47 Approval of accreditation standards 1
(1) An accreditation authority must, as soon as practicable after developing 2
an accreditation standard for a health profession, submit it to the 3
National Board established for the health profession. 4
(2) As soon as practicable after a National Board receives an accreditation 5
standard under subsection (1), the Board must decide to-- 6
(a) approve the accreditation standard; or 7
(b) refuse to approve the accreditation standard; or 8
(c) ask the accreditation authority to review the standard. 9
(3) If the National Board decides to approve the accreditation standard it 10
must give written notice of the approval to-- 11
(a) the National Agency; and 12
(b) the accreditation authority that submitted the standard to the 13
Board. 14
(4) If the National Board decides to refuse to approve the accreditation 15
standard-- 16
(a) it must give written notice of the refusal, including the reasons for 17
the refusal, to the accreditation authority that submitted the 18
standard; and 19
(b) the accreditation authority is entitled to publish any information 20
or advice it gave the Board about the standard. 21
(5) If the National Board decides to ask the accreditation authority to 22
review the standard it must give the authority a written notice that-- 23
(a) states that the authority is being asked to review the standard; and 24
(b) identifies the matters the authority is to address before again 25
submitting the standard to the Board. 26
(6) An accreditation standard approved by a National Board must be 27
published on its website. 28
(7) An accreditation standard takes effect-- 29
(a) on the day it is published on the National Board's website; or 30
(b) if a later day is stated in the standard, on that day. 31
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48 Accreditation of programs of study 1
(1) An accreditation authority for a health profession may accredit a 2
program of study if, after assessing the program, the authority is 3
reasonably satisfied-- 4
(a) the program of study, and the education provider that provides 5
the program of study, meet an approved accreditation standard 6
for the profession; or 7
(b) the program of study, and the education provider that provides 8
the program of study, substantially meet an approved 9
accreditation standard for the profession and the imposition of 10
conditions on the approval will ensure the program meets the 11
standard within a reasonable time. 12
(2) If the accreditation authority decides to accredit a program of study, 13
with or without conditions, it must give to the National Board 14
established for the health profession a report about the authority's 15
accreditation of the program. 16
(3) If the accreditation authority decides to refuse to accredit a program of 17
study it must give written notice of the decision to the education 18
provider that provides the program of study. 19
(4) The notice must state-- 20
(a) the reasons for the decision; and 21
(b) that, within 30 days after receiving the notice, the education 22
provider may apply to the accreditation authority for an internal 23
review of the decision; and 24
(c) how the education provider may apply for the review. 25
(5) An education provider given a notice under subsection (3) may apply, 26
as stated in the notice, for an internal review of the accreditation 27
authority's decision to refuse to accredit the program of study. 28
(6) The internal review must not be carried out by a person who assessed 29
the program of study for the accreditation authority. 30
49 Approval of accredited programs of study 31
(1) If a National Board is given a report by an accreditation authority about 32
the authority's accreditation of a program of study, the Board may 33
approve, or refuse to approve, the accredited program of study as 34
providing a qualification for the purposes of registration in the health 35
profession for which the Board is established. 36
(2) An approval under subsection (1) may be granted subject to the 37
conditions the National Board considers necessary or desirable in the 38
circumstances. 39
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(3) If the National Board decides to approve the accredited program of 1
study it must give written notice of the approval to-- 2
(a) the National Agency for inclusion of the program of study in the 3
list under subsection (5); and 4
(b) the accreditation authority that submitted the program to the 5
Board. 6
(4) If the National Board decides to refuse to approve the accredited 7
program of study-- 8
(a) it must give written notice of the refusal, including the reasons for 9
the refusal, to the accreditation authority that submitted the 10
program; and 11
(b) the accreditation authority is entitled to publish any information 12
or advice it gave the Board about the program. 13
(5) A list of the programs of study approved by a National Board as 14
providing a qualification for registration in the health profession for 15
which the Board is established must be published on the National 16
Agency's website. 17
(6) The list of approved programs of study published under subsection (5) 18
must include, for each program of study, the name of the university, 19
specialist medical or other college or other education provider that 20
provides the approved program of study. 21
(7) An approval under subsection (1) does not take effect until the program 22
of study is included in the list published under subsection (5). 23
50 Accreditation authority to monitor approved programs of study 24
(1) The accreditation authority that accredited an approved program of 25
study must monitor the program and the education provider that 26
provides the program to ensure the authority continues to be satisfied 27
the program and provider meet an approved accreditation standard for 28
the health profession. 29
(2) If the accreditation authority reasonably believes the program of study 30
and education provider no longer meet an approved accreditation 31
standard for the health profession, the accreditation authority must-- 32
(a) decide to-- 33
(i) impose the conditions on the accreditation that the 34
accreditation authority considers necessary to ensure the 35
program of study will meet the standard within a 36
reasonable time; or 37
(ii) revoke the accreditation of the program of study; and 38
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(b) give the National Board that approved the accredited program of 1
study written notice of the accreditation authority's decision. 2
51 Changes to approval of program of study 3
(1) If a National Board is given notice under section 50(2)(b) that an 4
accreditation authority has revoked the accreditation of a program of 5
study approved by the Board, the Board's approval of the program is 6
taken to have been cancelled at the same time the accreditation was 7
revoked. 8
(2) If a National Board reasonably believes, because of a notice given to the 9
Board under section 50(2)(b) or for any other reason, that an accredited 10
program of study approved by the Board no longer provides a 11
qualification for the purposes of registration in the health profession for 12
which the Board is established, the Board may decide to-- 13
(a) impose the conditions the Board considers necessary or desirable 14
on the approval of the accredited program of study to ensure the 15
program provides a qualification for the purposes of registration; 16
or 17
(b) cancel its approval of the accredited program of study. 18
(3) If a National Board makes a decision under subsection (2), it must give 19
written notice of the decision, including the reasons for the decision, to 20
the accreditation authority that accredited the program. 21
Part 7 Registration of health practitioners 22
Division 1 General registration 23
52 Eligibility for general registration 24
(1) An individual is eligible for general registration in a health profession 25
if-- 26
(a) the individual is qualified for general registration in the health 27
profession; and 28
(b) the individual has successfully completed-- 29
(i) any period of supervised practice in the health profession 30
required by an approved registration standard for the 31
health profession; or 32
(ii) any examination or assessment required by an approved 33
registration standard for the health profession to assess the 34
individual's ability to competently and safely practise the 35
profession; and 36
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(c) the individual is a suitable person to hold general registration in 1
the health profession; and 2
(d) the individual is not disqualified under this Law or a law of a 3
co-regulatory jurisdiction from applying for registration, or being 4
registered, in the health profession; and 5
(e) the individual meets any other requirements for registration 6
stated in an approved registration standard for the health 7
profession. 8
(2) Without limiting subsection (1), the National Board established for the 9
health profession may decide the individual is eligible for general 10
registration in the profession by imposing conditions on the registration 11
under section 83. 12
53 Qualifications for general registration 13
An individual is qualified for general registration in a health profession 14
if-- 15
(a) the individual holds an approved qualification for the health 16
profession; or 17
(b) the individual holds a qualification the National Board 18
established for the health profession considers to be substantially 19
equivalent, or based on similar competencies, to an approved 20
qualification; or 21
(c) the individual holds a qualification, not referred to in paragraph 22
(a) or (b), relevant to the health profession and has successfully 23
completed an examination or other assessment required by the 24
National Board for the purpose of general registration in the 25
health profession; or 26
(d) the individual-- 27
(i) holds a qualification, not referred to in paragraph (a) or (b), 28
that under this Law or a corresponding prior Act qualified 29
the individual for general registration (however described) 30
in the health profession; and 31
(ii) was previously registered under this Law or the 32
corresponding prior Act on the basis of holding that 33
qualification. 34
54 Examination or assessment for general registration 35
For the purposes of section 52(1)(b)(ii), if a National Board requires an 36
individual to undertake an examination or assessment, the examination 37
or assessment must be conducted by an accreditation authority for the 38
health profession, unless the Board decides otherwise. 39
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55 Unsuitability to hold general registration 1
(1) A National Board may decide an individual is not a suitable person to 2
hold general registration in a health profession if-- 3
(a) in the Board's opinion, the individual has an impairment that 4
would detrimentally affect the individual's capacity to practise 5
the profession to such an extent that it would or may place the 6
safety of the public at risk; or 7
(b) having regard to the individual's criminal history to the extent 8
that is relevant to the individual's practice of the profession, the 9
individual is not, in the Board's opinion, an appropriate person to 10
practise the profession or it is not in the public interest for the 11
individual to practise the profession; or 12
(c) the individual has previously been registered under a relevant law 13
and during the period of that registration proceedings under Part 14
8, or proceedings that substantially correspond to proceedings 15
under Part 8, were started against the individual but not finalised; 16
or 17
(d) in the Board's opinion, the individual's competency in speaking 18
or otherwise communicating in English is not sufficient for the 19
individual to practise the profession; or 20
(e) the individual's registration (however described) in the health 21
profession in a jurisdiction that is not a participating jurisdiction, 22
whether in Australia or elsewhere, is currently suspended or 23
cancelled on a ground for which an adjudication body could 24
suspend or cancel a health practitioner's registration in Australia; 25
or 26
(f) the nature, extent, period and recency of any previous practice of 27
the profession is not sufficient to meet the requirements specified 28
in an approved registration standard relevant to general 29
registration in the profession; or 30
(g) the individual fails to meet any other requirement in an approved 31
registration standard for the profession about the suitability of 32
individuals to be registered in the profession or to competently 33
and safely practise the profession; or 34
(h) in the Board's opinion, the individual is for any other reason-- 35
(i) not a fit and proper person for general registration in the 36
profession; or 37
(ii) unable to practise the profession competently and safely. 38
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(2) In this section-- 1
relevant law means-- 2
(a) this Law or a corresponding prior Act; or 3
(b) the law of another jurisdiction, whether in Australia or elsewhere. 4
56 Period of general registration 5
(1) The period of registration that is to apply to a health practitioner granted 6
general registration in a health profession is the period (the registration 7
period), not more than 12 months, decided by the National Board 8
established for the profession and published on the Board's website. 9
(2) If the National Board decides to register a health practitioner in the 10
health profession during a registration period, the registration-- 11
(a) starts when the Board makes the decision; and 12
(b) expires at the end of the last day of the registration period. 13
Division 2 Specialist registration 14
57 Eligibility for specialist registration 15
(1) An individual is eligible for specialist registration in a recognised 16
specialty in a health profession if-- 17
(a) the individual is qualified for registration in the specialty; and 18
(b) the individual has successfully completed-- 19
(i) any period of supervised practice in the specialty required 20
by an approved registration standard for the health 21
profession; or 22
(ii) any examination or assessment required by an approved 23
registration standard for the health profession to assess the 24
individual's ability to competently and safely practise the 25
specialty; and 26
(c) the individual is a suitable person to hold registration in the health 27
profession; and 28
(d) the individual is not disqualified under this Law or a law of a 29
co-regulatory jurisdiction from applying for registration, or being 30
registered, in the specialty; and 31
(e) the individual meets any other requirements for registration 32
stated in an approved registration standard for the specialty. 33
(2) Without limiting subsection (1), the National Board may decide the 34
individual is eligible for registration in the recognised specialty by 35
imposing conditions on the registration under section 83. 36
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58 Qualifications for specialist registration 1
An individual is qualified for specialist registration in a recognised 2
specialty in a health profession if the individual-- 3
(a) holds an approved qualification for the specialty; or 4
(b) holds another qualification the National Board established for the 5
health profession considers to be substantially equivalent, or 6
based on similar competencies, to an approved qualification for 7
the specialty; or 8
(c) holds a qualification, not referred to in paragraph (a) or (b), 9
relevant to the specialty and has successfully completed an 10
examination or other assessment required by the National Board 11
for the purpose of registration in the specialty; or 12
(d) the individual-- 13
(i) holds a qualification, not referred to in paragraph (a) or (b), 14
that under this Law or a corresponding prior Act qualified 15
the individual for specialist registration (however 16
described) in the specialty; and 17
(ii) was previously registered under this Law or the 18
corresponding prior Act on the basis of holding that 19
qualification for the specialty. 20
59 Examination or assessment for specialist registration 21
For the purposes of section 57(1)(b)(ii), if the National Board requires 22
an individual to undertake an examination or assessment, the 23
examination or assessment must be conducted by an accreditation 24
authority for the health profession, unless the Board decides otherwise. 25
60 Unsuitability to hold specialist registration 26
(1) Section 55 applies to the making of a decision by a National Board that 27
an individual is not a suitable person to hold specialist registration in a 28
recognised specialty. 29
(2) For the purposes of subsection (1), a reference in section 55 to-- 30
(a) general registration in the health profession is taken to be a 31
reference to specialist registration in a recognised specialty; and 32
(b) the health profession is taken to be a reference to the recognised 33
specialty. 34
61 Period of specialist registration 35
(1) The period of registration that is to apply to a health practitioner granted 36
specialist registration in a recognised specialty in a health profession is 37
the period (the registration period), not more than 12 months, decided 38
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by the National Board established for the profession and published on 1
the Board's website. 2
(2) If the National Board decides to register a health practitioner in a 3
recognised specialty for the health profession during a registration 4
period, the specialist registration-- 5
(a) starts when the Board makes the decision; and 6
(b) expires at the end of the last day of the registration period. 7
Division 3 Provisional registration 8
62 Eligibility for provisional registration 9
(1) An individual is eligible for provisional registration in a health 10
profession, to enable the individual to complete a period of supervised 11
practice that the individual requires to be eligible for general 12
registration in the health profession, if-- 13
(a) the individual is qualified for general registration in the 14
profession; and 15
(b) the individual is a suitable person to hold provisional registration 16
in the profession; and 17
(c) the individual is not disqualified under this Law or a law of a 18
co-regulatory jurisdiction from applying for, or being registered 19
in, the profession; and 20
(d) the individual meets any other requirements for registration 21
stated in an approved registration standard for the health 22
profession. 23
(2) Without limiting subsection (1), the National Board established for the 24
health profession may decide the individual is eligible for provisional 25
registration in the health profession by imposing conditions on the 26
registration under section 83. 27
63 Unsuitability to hold provisional registration 28
(1) Section 55 applies to a decision by a National Board that an individual 29
is not a suitable person to hold provisional registration in a health 30
profession. 31
(2) For the purposes of subsection (1), a reference in section 55 to general 32
registration in the health profession is taken to be a reference to 33
provisional registration in the health profession. 34
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64 Period of provisional registration 1
(1) The period of registration (the registration period) that is to apply to a 2
health practitioner granted provisional registration in a health 3
profession is-- 4
(a) the period decided by the National Board established for the 5
profession, but not more than 12 months, and published on the 6
Board's website; or 7
(b) the longer period prescribed by a regulation. 8
(2) If the National Board decides to register a health practitioner in the 9
health profession during a registration period, the registration-- 10
(a) starts when the Board makes the decision; and 11
(b) expires at the end of the last day of the registration period. 12
(3) Provisional registration may not be renewed more than twice. 13
Note. If an individual were not able to complete the supervised practice the 14
individual requires for general registration in a health profession during the 15
period consisting of the individual's initial period of registration and 2 renewals 16
of that registration, the individual would need to make a new application for 17
provisional registration in the profession. 18
Division 4 Limited registration 19
65 Eligibility for limited registration 20
(1) An individual is eligible for limited registration in a health profession 21
if-- 22
(a) the individual is not qualified for general registration in the 23
profession or specialist registration in a recognised speciality in 24
the profession; and 25
(b) the individual is qualified under this Division for limited 26
registration; and 27
(c) the individual is a suitable person to hold limited registration in 28
the profession; and 29
(d) the individual is not disqualified under this Law or a law of a 30
co-regulatory jurisdiction from applying for registration, or being 31
registered, in the health profession; and 32
(e) the individual meets any other requirements for registration 33
stated in an approved registration standard for the health 34
profession. 35
(2) Without limiting subsection (1), the National Board established for the 36
health profession may decide the individual is eligible for registration in 37
the profession by imposing conditions on the registration under 38
section 83. 39
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66 Limited registration for postgraduate training or supervised practice 1
(1) An individual may apply for limited registration to enable the individual 2
to undertake a period of postgraduate training or supervised practice in 3
a health profession, or to undertake assessment or sit an examination, 4
approved by the National Board established for the profession. 5
(2) The individual is qualified for the limited registration applied for if the 6
National Board is satisfied the individual has completed a qualification 7
that is relevant to, and suitable for, the postgraduate training, supervised 8
practice, assessment or examination. 9
67 Limited registration for area of need 10
(1) An individual may apply for limited registration to enable the individual 11
to practise a health profession in an area of need decided by the 12
responsible Minister under subsection (5). 13
(2) The individual is qualified for the limited registration applied for if the 14
National Board is satisfied the individual's qualifications and 15
experience are relevant to, and suitable for, the practice of the 16
profession in the area of need. 17
(3) The National Board must consider the application but is not required to 18
register the individual merely because there is an area of need. 19
(4) If the National Board grants the individual limited registration to enable 20
the individual to practise the profession in the area of need, the 21
individual must not practise the profession other than in the area of need 22
specified in the individual's certificate of registration. 23
(5) A responsible Minister for a participating jurisdiction may decide there 24
is an area of need for health services in the jurisdiction, or part of the 25
jurisdiction, if the Minister considers there are insufficient health 26
practitioners practising in a particular health profession in the 27
jurisdiction or the part of the jurisdiction to provide services that meet 28
the needs of people living in the jurisdiction or the part of the 29
jurisdiction. 30
(6) If a responsible Minister decides there is an area of need under 31
subsection (5), the responsible Minister must give the National Board 32
established for the health profession written notice of the decision. 33
(7) A responsible Minister may delegate the Minister's power under this 34
section to an appropriately qualified person. 35
(8) In this section-- 36
appropriately qualified means having the qualifications, experience or 37
standing appropriate to the exercise of the power. 38
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health services means the provision of services by health practitioners 1
in a particular health profession. 2
68 Limited registration in public interest 3
(1) An individual may apply for limited registration to enable the individual 4
to practise a health profession for a limited time, or for a limited scope, 5
in the public interest. 6
(2) The individual is qualified for the limited registration applied for if the 7
National Board established for the health profession is satisfied it is in 8
the public interest for an individual with the individual's qualifications 9
and experience to practise the profession for that time or scope. 10
69 Limited registration for teaching or research 11
(1) An individual may apply for limited registration in a health profession 12
to enable the individual to fill a teaching or research position. 13
(2) The individual is qualified for the limited registration applied for if the 14
National Board established for the health profession is satisfied the 15
individual's qualifications are relevant to, and suitable for, the position. 16
70 Unsuitability to hold limited registration 17
(1) Section 55 applies to a decision by a National Board that an individual 18
is not a suitable person to hold limited registration in a health 19
profession. 20
(2) For the purposes of subsection (1), a reference in section 55 to general 21
registration in the health profession is taken to be a reference to limited 22
registration in the health profession. 23
71 Limited registration not to be held for more than one purpose 24
An individual may not hold limited registration in the same health 25
profession for more than one purpose under this Division at the same 26
time. 27
72 Period of limited registration 28
(1) The period of registration that is to apply to a health practitioner granted 29
limited registration in a health profession is the period (the registration 30
period), not more than 12 months, decided by the National Board 31
established for the profession and published on the Board's website. 32
(2) If the National Board decides to register a health practitioner in the 33
health profession during a registration period, the registration-- 34
(a) starts when the Board makes the decision; and 35
(b) expires at the end of the last day of the registration period. 36
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(3) Limited registration may not be renewed more than 3 times. 1
Note. If an individual had been granted limited registration in a health 2
profession for a purpose under this Division, had subsequently renewed the 3
registration in the profession for that purpose 3 times and at the end of the 4
period wished to continue holding limited registration in the profession for that 5
purpose, the individual would need to make a new application for limited 6
registration in the profession for that purpose. 7
Division 5 Non-practising registration 8
73 Eligibility for non-practising registration 9
An individual is eligible for non-practising registration in a health 10
profession if-- 11
(a) the individual-- 12
(i) holds or has held general registration in the health 13
profession under this Law; or 14
(ii) holds or has held specialist registration in a recognised 15
speciality in the health profession under this Law; or 16
(iii) held registration in the health profession under a 17
corresponding prior Act that was equivalent to general 18
registration or specialist registration in the health 19
profession under this Law; 20
(b) the individual is a suitable person to hold non-practising 21
registration in the profession. 22
74 Unsuitability to hold non-practising registration 23
A National Board may decide an individual is not a suitable person to 24
hold non-practising registration in a health profession if-- 25
(a) having regard to the individual's criminal history to the extent 26
that is relevant to the individual's practise of the profession, the 27
individual is not, in the Board's opinion, an appropriate person to 28
hold registration in the profession or it is not in the public interest 29
for the individual to hold registration in the profession; or 30
(b) in the Board's opinion, the individual is for any other reason not 31
a fit and proper person to hold non-practising registration in the 32
profession. 33
75 Registered health practitioner who holds non-practising registration 34
must not practise the profession 35
(1) A registered health practitioner who holds non-practising registration in 36
a health profession must not practise the profession. 37
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(2) A contravention of subsection (1) by a registered health practitioner 1
does not constitute an offence but may constitute behaviour for which 2
health, conduct or performance action may be taken. 3
76 Period of non-practising registration 4
(1) The period of registration that is to apply to a health practitioner granted 5
non-practising registration in a health profession is the period (the 6
registration period), not more than 12 months, decided by the National 7
Board established for the profession and published on the Board's 8
website. 9
(2) If the National Board decides to register a health practitioner in the 10
health profession during a registration period, the registration-- 11
(a) starts when the Board makes the decision; and 12
(b) expires at the end of the last day of the registration period. 13
Division 6 Application for registration 14
77 Application for registration 15
(1) An individual may apply to a National Board for registration in the 16
health profession for which the Board is established. 17
(2) An application must-- 18
(a) be in the form approved by the National Board; and 19
(b) be accompanied by the relevant fee; and 20
(c) be accompanied by proof of the applicant's identity; and 21
(d) be accompanied by any other information reasonably required by 22
the Board. 23
(3) Without limiting subsection (2)(a), a form approved by a National 24
Board for the purposes of that subsection must require an applicant-- 25
(a) to provide a declaration about-- 26
(i) the address at which the applicant will predominantly 27
practise the profession; or 28
(ii) if the applicant will not be practising the profession or will 29
not predominantly practise the profession at one address, 30
the address that is the applicant's principal place of 31
residence; and 32
(b) to provide an address to be used by the Board in corresponding 33
with the applicant; and 34
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(c) to disclose the applicant's criminal history; and 1
(d) to authorise the Board to obtain the applicant's criminal history. 2
Note. See the definition of criminal history which applies to offences in 3
participating jurisdictions and elsewhere, including outside Australia. 4
(4) A criminal history law does not apply to the requirement under 5
subsection (3)(c) for the applicant to disclose the applicant's criminal 6
history. 7
(5) Information in the application must, if the approved form requires, be 8
verified by a statutory declaration. 9
78 Power to check applicant's proof of identity 10
(1) If an applicant for registration gives a National Board a document as 11
evidence of the applicant's identity under this section, the Board may, 12
by written notice, ask the entity that issued the document-- 13
(a) to confirm the validity of the document; or 14
(b) to give the Board other information relevant to the applicant's 15
identity. 16
(2) An entity given a notice under subsection (1) is authorised to give the 17
National Board the information requested in the notice. 18
79 Power to check applicant's criminal history 19
(1) Before deciding an application for registration, a National Board must 20
check the applicant's criminal history. 21
(2) For the purposes of checking an applicant's criminal history, a National 22
Board may obtain a written report about the criminal history of the 23
applicant from any of the following-- 24
(a) CrimTrac; 25
(b) a police commissioner; 26
(c) an entity in a jurisdiction outside Australia that has access to 27
records about the criminal history of persons in that jurisdiction. 28
(3) A criminal history law does not apply to a report about an applicant's 29
criminal history under subsection (2). 30
80 Boards' other powers before deciding application for registration 31
(1) Before deciding an application for registration, a National Board may-- 32
(a) investigate the applicant, including, for example, by asking an 33
entity-- 34
(i) to give the Board information about the applicant; or 35
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(ii) to verify information or a document that relates to the 1
applicant; 2
Examples. If the applicant is or has been registered by another 3
registration authority, the National Board may ask the registration 4
authority for information about the applicant's registration status. 5
The National Board may ask an entity that issued qualifications that the 6
applicant believes qualifies the applicant for registration for confirmation 7
that the qualification was issued to the applicant. 8
(b) by written notice given to the applicant, require the applicant to 9
give the Board, within a reasonable time stated in the notice, 10
further information or a document the Board reasonably requires 11
to decide the application; and 12
(c) by written notice given to the applicant, require the applicant to 13
attend before the Board, within a reasonable time stated in the 14
notice and at a reasonable place, to answer any questions of the 15
Board relating to the application; and 16
(d) by written notice given to the applicant, require the applicant to 17
undergo an examination or assessment, within a reasonable time 18
stated in the notice and at a reasonable place, to assess the 19
applicant's ability to practise the health profession in which 20
registration is sought; and 21
(e) by written notice given to the applicant, require the applicant to 22
undergo a health assessment, within a reasonable time stated in 23
the notice and at a reasonable place. 24
(2) The National Board may require the information or document referred 25
to in subsection (1)(b) to be verified by a statutory declaration. 26
(3) If the National Board requires an applicant to undertake an examination 27
or assessment under subsection (1)(d) to assess the applicant's ability to 28
practise the health profession-- 29
(a) the examination or assessment must be conducted by an 30
accreditation authority for the health profession, unless the Board 31
decides otherwise; and 32
(b) the National Agency may require the applicant to pay the relevant 33
fee. 34
(4) A notice under subsection (1)(d) or (e) must state-- 35
(a) the reason for the examination or assessment; and 36
(b) the name and qualifications of the person appointed by the 37
National Board to conduct the examination or assessment; and 38
(c) the place where, and the day and time at which, the examination 39
or assessment is to be conducted. 40
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(5) The applicant is taken to have withdrawn the application if, within the 1
stated time, the applicant does not comply with a requirement under 2
subsection (1). 3
81 Applicant may make submissions about proposed refusal of application 4
or imposition of condition 5
(1) If, after considering an application for registration, a National Board is 6
proposing to refuse to register the applicant or to register the applicant 7
subject to a condition, the Board must give the applicant written notice 8
of the proposal. 9
(2) The notice must-- 10
(a) state the reasons for the proposal; and 11
(b) invite the applicant to make a written or verbal submission to the 12
Board by the date stated in the notice, being not less than 30 days 13
after the day the notice is given to the applicant, about the 14
proposal. 15
82 Decision about application 16
(1) After considering an application for registration and any submissions 17
made in accordance with a notice under section 81, a National Board 18
established for a health profession must-- 19
(a) decide to grant the applicant the type of registration in the health 20
profession applied for if the applicant is eligible for that type of 21
registration under a relevant section; or 22
(b) decide to grant the applicant a type of registration in the health 23
profession, other than the type of registration applied for, for 24
which the applicant is eligible under a relevant section; or 25
(c) decide to refuse to grant the applicant registration in the health 26
profession if-- 27
(i) the applicant is ineligible for registration in the profession 28
under a relevant section because the applicant-- 29
(A) is not qualified for registration; or 30
(B) has not completed a period of supervised practice in 31
the health profession, or an examination or 32
assessment required by the Board to assess the 33
individual's ability to practise the profession; or 34
(C) is not a suitable person to hold registration; or 35
(D) is disqualified under this Law from applying for 36
registration, or being registered, in the health 37
profession; or 38
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(E) does not meet a requirement for registration stated 1
in an approved registration standard for the 2
profession; or 3
(ii) it would be improper to register the applicant because the 4
applicant or someone else gave the National Board 5
information or a document in relation to the application 6
that was false or misleading in a material particular. 7
(2) In this section-- 8
relevant section means section 52, 57, 62, 65 or 73. 9
83 Conditions of registration 10
(1) If a National Board decides to register a person in the health profession 11
for which the Board is established, the registration is subject to any 12
condition the Board considers necessary or desirable in the 13
circumstances. 14
Note. A failure by a registered health practitioner to comply with a condition of 15
the practitioner's registration does not constitute an offence but may constitute 16
behaviour for which health, conduct or performance action may be taken. 17
(2) If the National Board decides to register the person subject to a 18
condition referred to in subsection (1), the Board must decide a review 19
period for the condition. 20
84 Notice to be given to applicant 21
(1) Within 30 days after making the decision under section 82, the National 22
Board must-- 23
(a) give the applicant written notice of the Board's decision; and 24
(b) if the Board decides to register the applicant, give the applicant a 25
certificate of registration. 26
(2) If the Board decides not to register the applicant, or decides to register 27
the applicant in a type of registration other than the registration applied 28
for or subject to a condition, the notice under subsection (1)(a) must 29
state-- 30
(a) the reasons for the decision; and 31
(b) that the applicant may appeal against the decision; and 32
(c) how an application for appeal may be made and the period within 33
which the application must be made. 34
85 Failure to decide application 35
If a National Board fails to decide an application for registration within 36
90 days after its receipt, or the longer period agreed between the Board 37
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and the applicant, the failure by the Board to make a decision is taken 1
to be a decision to refuse to register the applicant. 2
Division 7 Student registration 3
Subdivision 1 Persons undertaking approved programs of 4
study 5
86 Definitions 6
In this Subdivision-- 7
approved program of study, for a health profession, does not include an 8
approved program of study that provides a qualification for 9
endorsement of registration in the profession but does not qualify a 10
person for registration in the profession. 11
particulars means particulars required to be included in the student 12
register. 13
87 National Board must register persons undertaking approved program of 14
study 15
(1) The National Board established for a health profession must decide 16
whether persons who are undertaking an approved program of study for 17
the health profession must be registered-- 18
(a) for the entire period during which the persons are enrolled in the 19
approved program of study; or 20
(b) for the period starting when the persons begin a particular part of 21
the approved program of study and ending when the persons 22
complete, or otherwise cease to be enrolled in, the program. 23
(2) In deciding whether to register persons undertaking an approved 24
program of study for the entire period of the program of study or only 25
part of the period, the National Board must have regard to-- 26
(a) the likelihood that persons undertaking the approved program of 27
study will, in the course of undertaking the program, have contact 28
with members of the public; and 29
(b) if it is likely that the persons undertaking the approved program 30
of study will have contact with members of the public-- 31
(i) when in the approved program of study it is likely the 32
persons will have contact with members of the public; and 33
(ii) the potential risk that contact may pose to members of the 34
public. 35
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88 National Board may ask education provider for list of persons 1
undertaking approved program of study 2
(1) For the purposes of registering persons as required by section 87, a 3
National Board may, at any time by written notice given to an education 4
provider, ask the provider for the following-- 5
(a) the particulars of all persons who are undertaking an approved 6
program of study for the health profession for which the Board is 7
established; 8
(b) the particulars of all persons who will be undertaking the part of 9
the approved program of study specified in the notice. 10
(2) An education provider given a notice under subsection (1) must not fail, 11
without reasonable excuse, to comply with the notice. 12
(3) A contravention of subsection (2) does not constitute an offence. 13
(4) However, if an education provider does not comply with a notice under 14
subsection (1)-- 15
(a) the National Board that gave the education provider the notice 16
must publish details of the failure to comply with the notice on 17
the Board's website; and 18
(b) the National Agency may, on the recommendation of the 19
National Board, include a statement about the failure to comply 20
with the notice in the Agency's annual report. 21
89 Registration of students 22
(1) On receipt of the particulars of persons undertaking an approved 23
program of study, or part of an approved program of study, under 24
section 88-- 25
(a) the National Board may register the persons as students in the 26
health profession by entering the persons' particulars in the 27
student register kept by the Board; or 28
(b) the National Board may-- 29
(i) by written notice given to each person, require the person 30
to complete an application for registration as a student in 31
the form approved by the National Board; and 32
(ii) on receipt of the person's application form, register the 33
person as a student in the health profession by entering the 34
person's particulars in the student register kept by the 35
Board. 36
(2) The National Board must not register a person as a student if the person 37
is undertaking an approved program of study for a health profession in 38
which the person already holds registration under Division 6. 39
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(3) The National Board must not require a person to pay a fee for 1
registration as a student. 2
(4) As soon as practicable after registering a person as a student, a National 3
Board must give written notice of the registration to-- 4
(a) the education provider that provided the student's particulars to 5
the Board; and 6
(b) if the Board required the person to complete an application form 7
for registration, the student. 8
(5) As soon as practicable after receiving notice that a student has been 9
registered under subsection (1)(a), the education provider must give 10
written notice of the registration to the student. 11
90 Period of student registration 12
The period of registration for a student-- 13
(a) starts when the student is registered under section 89; and 14
(b) expires at the end of the day on which the student completes, or 15
otherwise ceases to be enrolled in, the approved program of 16
study. 17
Subdivision 2 Other persons to be registered as students 18
91 Education provider to provide lists of persons 19
(1) If an education provider arranges clinical training in a health profession 20
for a person who is not enrolled in an approved program of study for the 21
profession, the education provider must give the National Board 22
established for the profession written notice about the arrangement. 23
(2) Subsection (1) does not apply if the person is a registered health 24
practitioner who is registered in the health profession in which the 25
clinical training is being undertaken. 26
(3) A notice under subsection (1) must include-- 27
(a) the particulars of the person undertaking the clinical training, and 28
(b) particulars of the arrangement for the person to undertake the 29
clinical training. 30
(4) On receipt of a notice under subsection (1)-- 31
(a) the National Board may register the persons as students in the 32
health profession by entering the persons' particulars in the 33
student register kept by the Board; or 34
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(b) the National Board may-- 1
(i) by written notice given to each person, require the person 2
to complete an application for registration as a student in 3
the form approved by the National Board; and 4
(ii) on receipt of the person's application form, register the 5
person as a student in the health profession by entering the 6
person's particulars in the student register kept by the 7
Board. 8
(5) As soon as practicable after registering a person as a student under 9
subsection (4), a National Board must give written notice of the 10
registration to the education provider that provided the student's 11
particulars to the Board. 12
(6) The National Board must not require a person to pay a fee for 13
registration as a student. 14
(7) A student's period of registration under this section-- 15
(a) starts when the student is registered under subsection (4); and 16
(b) expires at the end of the day on which the person completes, or 17
otherwise ceases to undertake, the period of clinical training. 18
Subdivision 3 General provisions applicable to students 19
92 Notice to be given if student registration suspended or condition 20
imposed 21
(1) This section applies if, at any time, any of the following events occurs-- 22
(a) a person's registration as a student under this Law is suspended; 23
(b) a condition is imposed on a person's registration as a student 24
under this Law or a condition to which a person's registration is 25
subject is changed or removed; 26
(c) a National Board accepts an undertaking from a person who is a 27
student. 28
(2) The National Board that registered the person must, as soon as 29
practicable after the event occurs, give written notice of the event to the 30
education provider with which the person is undertaking the approved 31
program of study. 32
(3) If an education provider is given a notice under subsection (2) about a 33
person, the education provider must, as soon as practicable after 34
receiving the notice, give notice of the event to any entity with whom 35
the person is undertaking training as part of the approved program of 36
study. 37
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93 Report to National Board of cessation of status as student 1
(1) This section applies if-- 2
(a) a student completes, or otherwise ceases to be enrolled in, an 3
approved program of study for a health profession provided by an 4
education provider; or 5
(b) a student completes, or otherwise ceases to undertake, clinical 6
training in a health profession arranged by an education provider. 7
(2) The education provider must give written notice of the student ceasing 8
to be enrolled in the program of study, or to undertake the clinical 9
training, to the National Board established for the health profession 10
within 60 days of it occurring. 11
(3) A contravention of subsection (2) does not constitute an offence. 12
(4) However, if an education provider contravenes subsection (2)-- 13
(a) the National Board must publish details of the contravention on 14
the Board's website; and 15
(b) the National Agency may, on the recommendation of the 16
National Board, include a statement about the contravention in 17
the Agency's annual report. 18
Division 8 Endorsement of registration 19
Subdivision 1 Endorsement in relation to scheduled 20
medicines 21
94 Endorsement for scheduled medicines 22
(1) A National Board may, in accordance with an approval given by the 23
Ministerial Council under section 14, endorse the registration of a 24
registered health practitioner registered by the Board as being qualified 25
to administer, obtain, possess, prescribe, sell, supply or use a scheduled 26
medicine or class of scheduled medicines if the practitioner-- 27
(a) holds either of the following qualifications relevant to the 28
endorsement-- 29
(i) an approved qualification; 30
(ii) another qualification that, in the Board's opinion, is 31
substantially equivalent to, or based on similar 32
competencies to, an approved qualification; and 33
(b) complies with any approved registration standard relevant to the 34
endorsement. 35
Note. The endorsement of a health practitioner's registration under this section 36
indicates the practitioner is qualified to administer, obtain, possess, prescribe, 37
sell, supply or use the scheduled medicine or class of medicines specified in the 38
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endorsement but does not authorise the practitioner to do so. The authorisation 1
of a health practitioner to administer, obtain, possess, prescribe, sell, supply or 2
use scheduled medicines in a participating jurisdiction will be provided for by or 3
under another Act of that jurisdiction. 4
Health practitioners registered in certain health professions will be authorised to 5
administer, obtain, possess, prescribe, sell, supply or use scheduled medicines 6
by or under an Act of a participating jurisdiction without the need for the health 7
practitioners to hold an endorsement under this Law. 8
(2) An endorsement under subsection (1) must state-- 9
(a) the scheduled medicine or class of scheduled medicines to which 10
the endorsement relates; and 11
(b) whether the registered health practitioner is qualified to 12
administer, obtain, possess, prescribe, sell, supply or use the 13
scheduled medicine or class of scheduled medicines; and 14
(c) if the endorsement is for a limited period, the date the 15
endorsement expires. 16
Subdivision 2 Endorsement in relation to nurse practitioners 17
95 Endorsement as nurse practitioner 18
(1) The Nursing and Midwifery Board of Australia may endorse the 19
registration of a registered health practitioner whose name is included 20
in the Register of Nurses as being qualified to practise as a nurse 21
practitioner if the practitioner-- 22
(a) holds either of the following qualifications relevant to the 23
endorsement-- 24
(i) an approved qualification; 25
(ii) another qualification that, in the Board's opinion, is 26
substantially equivalent to, or based on similar 27
competencies to, an approved qualification; and 28
(b) complies with any approved registration standard relevant to the 29
endorsement. 30
(2) An endorsement under subsection (1) must state-- 31
(a) that the registered health practitioner is entitled to use the title 32
"nurse practitioner"; and 33
(b) any conditions applicable to the practice by the registered health 34
practitioner as a nurse practitioner. 35
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Subdivision 3 Endorsement in relation to midwife 1
practitioners 2
96 Endorsement as midwife practitioner 3
(1) The Nursing and Midwifery Board of Australia may endorse the 4
registration of a registered health practitioner whose name is included 5
in the Register of Midwives as being qualified to practise as a midwife 6
practitioner if the practitioner-- 7
(a) holds either of the following qualifications relevant to the 8
endorsement-- 9
(i) an approved qualification; 10
(ii) another qualification that, in the Board's opinion, is 11
substantially equivalent to, or based on similar 12
competencies to, an approved qualification; and 13
(b) complies with any approved registration standard relevant to the 14
endorsement. 15
(2) An endorsement under subsection (1) must state-- 16
(a) that the registered health practitioner is entitled to use the title 17
"midwife practitioner"; and 18
(b) any conditions applicable to the practice by the registered health 19
practitioner as a midwife practitioner. 20
Subdivision 4 Endorsement in relation to acupuncture 21
97 Endorsement for acupuncture 22
(1) A National Board may endorse the registration of a registered health 23
practitioner registered by the Board as being qualified to practise as an 24
acupuncturist if the practitioner-- 25
(a) holds either of the following qualifications relevant to the 26
endorsement-- 27
(i) an approved qualification; 28
(ii) another qualification that, in the Board's opinion, is 29
substantially equivalent to, or based on similar 30
competencies to, an approved qualification; and 31
(b) complies with an approved registration standard relevant to the 32
endorsement. 33
(2) An endorsement under subsection (1) must state-- 34
(a) that the registered health practitioner is entitled to use the title 35
"acupuncturist"; and 36
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(b) any conditions applicable to the practice of acupuncture by the 1
registered health practitioner. 2
Subdivision 5 Endorsements in relation to approved areas of 3
practice 4
98 Endorsement for approved area of practice 5
(1) A National Board established for a health profession may, in 6
accordance with an approval given by the Ministerial Council under 7
section 15, endorse the registration of a registered health practitioner 8
registered by the Board as being qualified to practise in an approved 9
area of practice for the health profession if the practitioner-- 10
(a) holds either of the following qualifications relevant to the 11
endorsement-- 12
(i) an approved qualification; 13
(ii) another qualification that, in the Board's opinion, is 14
substantially equivalent to, or based on similar 15
competencies to, an approved qualification; and 16
(b) complies with an approved registration standard relevant to the 17
endorsement. 18
(2) An endorsement under subsection (1) must state-- 19
(a) the approved area of practice to which the endorsement relates; 20
and 21
(b) any conditions applicable to the practice by the registered health 22
practitioner in the approved area of practice. 23
Subdivision 6 Application for endorsement 24
99 Application for endorsement 25
(1) An individual may apply to a National Board for endorsement of the 26
individual's registration. 27
(2) The application must-- 28
(a) be in the form approved by the National Board; and 29
(b) be accompanied by the relevant fee; and 30
(c) be accompanied by any other information reasonably required by 31
the Board. 32
(3) For the purposes of subsection (2)(c), the information a National Board 33
may require an applicant to provide includes-- 34
(a) evidence of the qualifications in the health profession the 35
applicant believes qualifies the applicant for endorsement; and 36
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(b) evidence of successful completion of any period of supervised 1
practice required by an approved registration standard; and 2
(c) if the applicant is required to complete an examination or 3
assessment set by or on behalf of the Board, evidence of the 4
successful completion of the examination or assessment. 5
100 Boards' other powers before deciding application for endorsement 6
(1) Before deciding an application for endorsement, a National Board 7
may-- 8
(a) investigate the applicant, including, for example, by asking an 9
entity-- 10
(i) to give the Board information about the applicant; or 11
(ii) to verify information or a document that relates to the 12
applicant; or 13
(b) by written notice to the applicant, require the applicant to give the 14
Board, within a reasonable time stated in the notice, further 15
information or a document the Board reasonably requires to 16
decide the application; or 17
(c) by written notice to the applicant, require the applicant to attend 18
before the Board, within a reasonable time stated in the notice 19
and at a reasonable place, to answer any questions of the Board 20
relating to the application; or 21
(d) by written notice to the applicant, require the applicant to 22
undergo a written, oral or practical examination, within a 23
reasonable time stated in the notice and at a reasonable place. 24
(2) The purpose of an examination under subsection (1)(d) must be to 25
assess the applicant's ability to practise the health profession in 26
accordance with the endorsement sought. 27
(3) The applicant is taken to have withdrawn the application if, within the 28
stated time, the applicant does not comply with a requirement under 29
subsection (1). 30
101 Applicant may make submissions about proposed refusal of application 31
or imposition of condition 32
(1) If, after considering an application for endorsement of a registration, a 33
National Board is proposing to refuse to endorse the applicant's 34
registration or to endorse the applicant's registration subject to a 35
condition, the Board must give the applicant written notice of the 36
proposal. 37
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(2) The notice must-- 1
(a) state the reasons for the proposal; and 2
(b) invite the applicant to make a written or verbal submission to the 3
Board by the date stated in the notice, being not less than 30 days 4
after the day the notice is given to the applicant, about the 5
proposal. 6
102 Decision about application 7
(1) After considering an application for endorsement and any submissions 8
made in accordance with a notice under section 101, a National Board 9
must decide to endorse, or refuse to endorse, the applicant's registration 10
as sought. 11
(2) Without limiting subsection (1), a National Board may refuse to endorse 12
an applicant's registration if-- 13
(a) the applicant is not qualified for the endorsement under a relevant 14
section; or 15
(b) the Board considers the applicant is not competent to practise the 16
health profession in accordance with the endorsement sought. 17
(3) In this section-- 18
relevant section means section 94, 95, 96, 97 or 98. 19
103 Conditions of endorsement 20
(1) If a National Board decides to endorse the applicant's registration under 21
section 102, the Board may decide to impose on the endorsement the 22
conditions the Board considers necessary or desirable in the 23
circumstances. 24
Note. A failure by a registered health practitioner to comply with a condition of 25
the practitioner's registration does not constitute an offence but may constitute 26
behaviour for which health, conduct or performance action may be taken. 27
(2) If the National Board decides to impose a condition on the endorsement, 28
the Board must also decide a review period for the condition. 29
104 Notice of decision to be given to applicant 30
(1) As soon as practicable after making the decision under section 102, the 31
National Board must-- 32
(a) give the applicant written notice of the Board's decision; and 33
(b) if the Board decides to endorse the applicant's registration, give 34
the applicant a new certificate of registration. 35
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(2) If the Board decides not to endorse the applicant's registration or 1
decides to endorse the applicant's registration subject to a condition, the 2
notice under subsection (1)(a) must state-- 3
(a) the reasons for the decision; and 4
(b) that the applicant may appeal against the decision; and 5
(c) how an application for appeal may be made and the period within 6
which the application must be made. 7
105 Period of endorsement 8
If a National Board decides to endorse a registered health practitioner's 9
registration, the endorsement-- 10
(a) starts when the Board makes the decision; and 11
(b) expires when the practitioner's registration ends. 12
106 Failure to decide application for endorsement 13
If a National Board fails to decide an application for endorsement 14
within 90 days after its receipt, or the longer period agreed between the 15
Board and the applicant, the failure by the Board to make a decision is 16
taken to be a decision to refuse to endorse the applicant's registration. 17
Division 9 Renewal of registration 18
107 Application for renewal of registration or endorsement 19
(1) A registered health practitioner may apply to the National Board that 20
registered the practitioner for renewal of the health practitioner's 21
registration. 22
(2) An application for renewal of a registered health practitioner's 23
registration must be made not later than one month after the 24
practitioner's period of registration ends. 25
(3) If the registered health practitioner's registration has been endorsed by 26
the National Board, the application for renewal of the practitioner's 27
registration is taken to also be an application for a renewal of the 28
endorsement. 29
(4) The application for renewal of registration must-- 30
(a) be in the form approved by the National Board; and 31
(b) be accompanied by the relevant fee; and 32
(c) if the application for renewal is made after the registered health 33
practitioner's period of registration ends, be accompanied by the 34
relevant fee for a late application; and 35
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(d) be accompanied by the annual statement required under section 1
109; and 2
(e) be accompanied by any other information reasonably required by 3
the Board. 4
108 Registration taken to continue in force 5
(1) If a registered health practitioner applies under section 107 to renew the 6
practitioner's registration, the applicant's registration, including any 7
endorsement of the registration, is taken to continue in force from the 8
day it would, apart from this section, have ended until-- 9
(a) if the National Board decides to renew the applicant's 10
registration, the day a new certificate of registration is issued to 11
the applicant; or 12
(b) if the National Board decides to refuse to renew the applicant's 13
registration, the day the applicant is given notice of the decision. 14
(2) If a health practitioner does not apply to renew the practitioner's 15
registration before the practitioner's period of registration ends, the 16
registration, including any endorsement of the registration, is taken to 17
continue in force until-- 18
(a) the end of the day that is one month after the day the period of 19
registration would, apart from this subsection, have ended; or 20
(b) if the health practitioner applies for renewal of the registration 21
not later than one month after the practitioner's period of 22
registration ends, the day referred to in subsection (1)(a) or (b). 23
(3) Subsection (1) or (2) does not apply if the registration is earlier 24
cancelled under this Law. 25
109 Annual statement 26
(1) An application for renewal of registration must include or be 27
accompanied by a statement that includes the following-- 28
(a) a declaration by the applicant that-- 29
(i) the applicant does not have an impairment; and 30
(ii) the applicant has met any recency of practice requirements 31
stated in an approved registration standard for the health 32
profession; and 33
(iii) the applicant has completed the continuing professional 34
development the applicant was required by an approved 35
registration standard to undertake during the applicant's 36
preceding period of registration; and 37
(iv) the applicant has not practised the health profession during 38
the preceding period of registration without appropriate 39
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professional indemnity insurance arrangements being in 1
place in relation to the applicant; and 2
(v) if the applicant's registration is renewed the applicant will 3
not practise the health profession unless appropriate 4
professional indemnity insurance arrangements are in 5
place in relation to the applicant; 6
(b) details of any change in the applicant's criminal history that 7
occurred during the applicant's preceding period of registration; 8
Note. See the definition of criminal history which applies to offences in 9
participating jurisdictions and elsewhere, including outside Australia. 10
(c) if the applicant's right to practise at a hospital or another facility 11
at which health services are provided was withdrawn or restricted 12
during the applicant's preceding period of registration because of 13
the applicant's conduct, professional performance or health, 14
details of the withdrawal or restriction of the right to practise; 15
(d) if the applicant's billing privileges were withdrawn or restricted 16
under the Medicare Australia Act 1973 of the Commonwealth 17
during the applicant's preceding period of registration because of 18
the applicant's conduct, professional performance or health, 19
details of the withdrawal or restriction of the privileges; 20
(e) details of any complaint made about the applicant to a 21
registration authority or another entity having functions relating 22
to professional services provided by health practitioners or the 23
regulation of health practitioners; 24
(f) any other information required by an approved registration 25
standard. 26
(2) Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an 27
applicant who is applying for the renewal of non-practising registration. 28
110 National Board's powers before making decision 29
Before deciding an application for renewal of registration, a National 30
Board may exercise a power under section 80 as if the application were 31
an application for registration made under section 77. 32
111 Applicant may make submissions about proposed refusal of application 33
for renewal or imposition of condition 34
(1) If, after considering an application for renewal of registration, a 35
National Board is proposing to refuse to renew the applicant's 36
registration or to renew the applicant's registration subject to a new 37
condition, the Board must give the applicant written notice of the 38
proposal. 39
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(2) The notice must-- 1
(a) state the reasons for the proposal; and 2
(b) invite the applicant to make a written or verbal submission to the 3
Board by the date stated in the notice, being not less than 30 days 4
after the day the notice is given to the applicant, about the 5
proposal. 6
112 Decision about application for renewal 7
(1) After considering an application for renewal of registration and any 8
submissions made in accordance with a notice under section 111, a 9
National Board may decide to renew, or refuse to renew, the applicant's 10
registration or the endorsement. 11
(2) The National Board may refuse to renew the applicant's registration or 12
any endorsement on the applicant's registration-- 13
(a) on any ground on which the Board could refuse to grant the 14
registration or endorsement under section 82 or 102 if the 15
application were for a grant of registration or endorsement; or 16
(b) if the applicant contravened any condition to which the 17
applicant's previous registration or endorsement was subject; or 18
(c) if, during the applicant's previous period of registration, the 19
applicant failed to have appropriate professional indemnity 20
insurance arrangements or failed to complete the continuing 21
professional development required by an approved registration 22
standard for the profession; or 23
(d) if a statement made by the applicant in the applicant's annual 24
statement was false or misleading in a material particular; or 25
(e) if the application is for the renewal of provisional registration and 26
the applicant's provisional registration has previously been 27
renewed twice; or 28
(f) if the application is for the renewal of limited application and the 29
applicant's limited registration has previously been renewed 30
3 times. 31
(3) If the National Board renews a registration, including any endorsement 32
on the registration, the registration or endorsement is subject to-- 33
(a) any condition to which the registration was subject immediately 34
before the renewal; and 35
(b) any condition the Board considers necessary or desirable in the 36
circumstances 37
Note. A failure by a registered health practitioner to comply with a condition of 38
the practitioner's registration does not constitute an offence but may constitute 39
behaviour for which health, conduct or performance action may be taken. 40
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(4) If the National Board decides to renew a registered health practitioner's 1
registration or an endorsement of the registration subject to a condition 2
under subsection (3)(b), the Board must decide a review period for the 3
condition. 4
(5) If a National Board decides to refuse to renew an applicant's 5
registration or the endorsement of the applicant's registration, or to 6
renew the registration or the endorsement subject to a condition under 7
subsection (3)(b), the Board must give the applicant a notice that 8
states-- 9
(a) the decision made by the Board; and 10
(b) the reasons for the decision; and 11
(c) that the applicant may appeal against the decision; and 12
(d) how an application for appeal may be made and the period within 13
which the application must be made. 14
(6) A registration, including any endorsement of the registration, renewed 15
under this Division-- 16
(a) starts on the day immediately after the applicant's previous 17
period of registration ends or ended; and 18
(b) expires at the end of the day that is 12 months after the day it 19
starts. 20
Division 10 Title and practice protections 21
Subdivision 1 Title protections 22
113 Restriction on use of protected titles 23
(1) A person must not knowingly or recklessly-- 24
(a) take or use a title in the Table to this section, in a way that could 25
be reasonably expected to induce a belief the person is registered 26
under this Law in the health profession listed beside the title in 27
the Table, unless the person is registered in the profession, or 28
(b) take or use a prescribed title for a health profession, in a way that 29
could be reasonably expected to induce a belief the person is 30
registered under this Law in the profession, unless the person is 31
registered in the profession. 32
Maximum penalty-- 33
(a) in the case of an individual--$30,000; or 34
(b) in the case of a body corporate--$60,000. 35
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(2) A person must not knowingly or recklessly-- 1
(a) take or use a title in the Table in relation to another person (the 2
second person), in a way that could be reasonably expected to 3
induce a belief the second person is registered under this Law in 4
the health profession listed beside the title in the Table, unless the 5
second person is registered in the profession; or 6
(b) take or use a prescribed title for a health profession in relation to 7
another person (the second person), in a way that could be 8
reasonably expected to induce a belief the second person is 9
registered under this Law in the profession, unless the second 10
person is registered in the profession. 11
Maximum penalty-- 12
(a) in the case of an individual--$30,000; or 13
(b) in the case of a body corporate--$60,000. 14
(3) Subsections (1) and (2) apply whether or not the title is taken or used 15
with or without any other words and whether in English or any other 16
language. 17
Table-- Protected Titles 18
Profession Title
Aboriginal and Torres Strait Islander Aboriginal and Torres Strait Islander
Health Practice health practitioner, Aboriginal health
practitioner, Torres Strait Islander
health practitioner
Chinese Medicine Chinese medicine practitioner,
Chinese herbal dispenser, Chinese
herbal medicine practitioner, Oriental
medicine practitioner, acupuncturist
Chiropractic chiropractor
Dental dentist, dental therapist, dental
hygienist, dental prosthetist, oral
health therapist
Medical medical practitioner
Medical Radiation Practice medical radiation practitioner,
diagnostic radiographer, medical
imaging technologist, radiographer,
nuclear medicine scientist, nuclear
medicine technologist, radiation
therapist
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Profession Title
Nursing and Midwifery nurse, registered nurse, nurse
practitioner, enrolled nurse, midwife,
midwife practitioner
Occupational Therapy occupational therapist
Optometry optometrist, optician
Osteopathy osteopath
Pharmacy pharmacist, pharmaceutical chemist
Physiotherapy physiotherapist, physical therapist
Podiatry podiatrist, chiropodist
Psychology psychologist
114 Use of title "acupuncturist" 1
(1) A registered health practitioner whose registration is endorsed under 2
section 97 by a National Board as being qualified to practise as an 3
acupuncturist does not commit an offence against section 113(1)(a) 4
merely because the individual takes or uses the title "acupuncturist". 5
(2) A person does not commit an offence against section 113(2)(a) merely 6
because the person takes or uses the title "acupuncturist" in relation to 7
another person who is a registered health practitioner whose registration 8
is endorsed under section 97 by a National Board as being qualified to 9
practise as an acupuncturist. 10
115 Restriction on use of specialist titles 11
(1) A person must not knowingly or recklessly take or use-- 12
(a) the title "dental specialist" unless the person is registered under 13
this Law in a recognised specialty in the dentists division of the 14
dental profession; or 15
(b) the title "medical specialist" unless the person is registered in a 16
recognised specialty in the medical profession; or 17
(c) a specialist title for a recognised specialty unless the person is 18
registered under this Law in the specialty. 19
Maximum penalty-- 20
(a) in the case of an individual--$30,000; or 21
(b) in the case of a body corporate--$60,000. 22
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(2) A person must not knowingly or recklessly take or use-- 1
(a) the title "dental specialist" in relation to another person unless the 2
other person is registered under this Law in a recognised 3
specialty in the dentists division of the dental profession; or 4
(b) the title "medical specialist" in relation to another person unless 5
the person is registered in a recognised specialty in the medical 6
profession; or 7
(c) a specialist title for a recognised specialty in relation to another 8
person unless the person is registered under this Law in the 9
specialty. 10
Maximum penalty-- 11
(a) in the case of an individual--$30,000; or 12
(b) in the case of a body corporate--$60,000. 13
(3) Subsection (1) applies whether or not the title is taken or used with or 14
without any other words and whether in English or any other language. 15
116 Claims by persons as to registration as health practitioner 16
(1) A person who is not a registered health practitioner must not knowingly 17
or recklessly-- 18
(a) take or use the title of "registered health practitioner", whether 19
with or without any other words; or 20
(b) take or use a title, name, initial, symbol, word or description that, 21
having regard to the circumstances in which it is taken or used, 22
indicates or could be reasonably understood to indicate-- 23
(i) the person is a health practitioner; or 24
(ii) the person is authorised or qualified to practise in a health 25
profession; or 26
(c) claim to be registered under this Law or hold himself or herself 27
out as being registered under this Law; or 28
(d) claim to be qualified to practise as a health practitioner. 29
Maximum penalty-- 30
(a) in the case of an individual--$30,000; or 31
(b) in the case of a body corporate--$60,000. 32
(2) A person must not knowingly or recklessly-- 33
(a) take or use the title of "registered health practitioner", whether 34
with or without any other words, in relation to another person 35
who is not a registered health practitioner; or 36
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(b) take or use a title, name, initial, symbol, word or description that, 1
having regard to the circumstances in which it is taken or used, 2
indicates or could be reasonably understood to indicate-- 3
(i) another person is a health practitioner if the other person is 4
not a health practitioner; or 5
(ii) another person is authorised or qualified to practise in a 6
health profession if the other person is not a registered 7
health practitioner in that health profession; or 8
(c) claim another person is registered under this Law, or hold the 9
other person out as being registered under this Law, if the other 10
person is not registered under this Law; or 11
(d) claim another person is qualified to practise as a health 12
practitioner if the other person is not a registered health 13
practitioner. 14
Maximum penalty-- 15
(a) in the case of an individual--$30,000; or 16
(b) in the case of a body corporate--$60,000. 17
117 Claims by persons as to registration in particular profession or division 18
(1) A registered health practitioner must not knowingly or recklessly-- 19
(a) claim to be registered under this Law in a health profession or a 20
division of a health profession in which the practitioner is not 21
registered, or hold himself or herself out as being registered in a 22
health profession or a division of a health profession if the person 23
is not registered in that health profession or division; or 24
(b) claim to be qualified to practise as a practitioner in a health 25
profession or a division of a health profession in which the 26
practitioner is not registered; or 27
(c) take or use any title that could be reasonably understood to induce 28
a belief the practitioner is registered under this Law in a health 29
profession or a division of a health profession in which the 30
practitioner is not registered. 31
(2) A contravention of subsection (1) by a registered health practitioner 32
does not constitute an offence but may constitute behaviour for which 33
health, conduct or performance action may be taken. 34
(3) A person must not knowingly or recklessly-- 35
(a) claim another person is registered under this Law in a health 36
profession or a division of a health profession in which the other 37
person is not registered, or hold the other person out as being 38
registered in a health profession or a division of a health 39
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profession if the other person is not registered in that health 1
profession or division; or 2
(b) claim another person is qualified to practise as a health 3
practitioner in a health profession or division of a health 4
profession in which the other person is not registered; or 5
(c) take or use any title in relation to another person that could be 6
reasonably understood to induce a belief the other person is 7
registered under this Law in a health profession or a division of a 8
health profession in which the person is not registered. 9
Maximum penalty-- 10
(a) in the case of an individual--$30,000; or 11
(b) in the case of a body corporate--$60,000. 12
Note. A contravention of this subsection by a registered health practitioner may 13
also constitute unprofessional conduct for which health, conduct or 14
performance action may be taken. 15
118 Claims by persons as to specialist registration 16
(1) A person who is not a specialist health practitioner must not knowingly 17
or recklessly-- 18
(a) take or use the title of "specialist health practitioner", whether 19
with or without any other words; or 20
(b) take or use a title, name, initial, symbol, word or description that, 21
having regard to the circumstances in which it is taken or used, 22
indicates or could be reasonably understood to indicate-- 23
(i) the person is a specialist health practitioner; or 24
(ii) the person is authorised or qualified to practise in a 25
recognised specialty; or 26
(c) claim to be registered under this Law in a recognised specialty or 27
hold himself or herself out as being registered under this Law in 28
a recognised specialty; or 29
(d) claim to be qualified to practise as a specialist health practitioner. 30
Maximum penalty-- 31
(a) in the case of an individual--$30,000; or 32
(b) in the case of a body corporate--$60,000. 33
(2) A person must not knowingly or recklessly-- 34
(a) take or use the title of "specialist health practitioner", whether 35
with or without any other words, in relation to another person 36
who is not a specialist health practitioner; or 37
(b) take or use a title, name, initial, symbol, word or description in 38
relation to another person that, having regard to the 39
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circumstances in which it is taken or used, indicates or could be 1
reasonably understood to indicate-- 2
(i) the other person is a specialist health practitioner; or 3
(ii) the other person is authorised or qualified to practise in a 4
recognised specialty; or 5
(c) claim another person is registered under this Law in a recognised 6
specialty or hold the other person out as being registered under 7
this Law in a recognised specialty if the other person is not 8
registered in that recognised specialty; or 9
(d) claim another person is qualified to practise as a specialist health 10
practitioner if the person is not a specialist health practitioner. 11
Maximum penalty-- 12
(a) in the case of an individual--$30,000; or 13
(b) in the case of a body corporate--$60,000. 14
Note. A contravention of this section by a registered health practitioner may 15
also constitute unprofessional conduct for which health, conduct or 16
performance action may be taken. 17
119 Claims about type of registration or registration in recognised specialty 18
(1) A registered health practitioner must not knowingly or recklessly-- 19
(a) claim to hold a type of registration or endorsement under this 20
Law that the practitioner does not hold or hold himself or herself 21
out as holding a type of registration or endorsement if the 22
practitioner does not hold that type of registration; or 23
(b) claim to be qualified to hold a type of registration or endorsement 24
the practitioner does not hold; or 25
(c) claim to hold specialist registration under this Law in a 26
recognised specialty in which the practitioner does not hold 27
specialist registration or hold himself or herself out as holding 28
specialist registration in a recognised specialty if the person does 29
not hold specialist registration in that specialty; or 30
(d) claim to be qualified to practise as a specialist health practitioner 31
in a recognised specialty in which the practitioner is not 32
registered. 33
(2) A contravention of subsection (1) by a registered health practitioner 34
does not constitute an offence but may constitute behaviour for which 35
health, conduct or performance action may be taken. 36
(3) A person must not knowingly or recklessly-- 37
(a) claim another person holds a type of registration or endorsement 38
under this Law that the other person does not hold or hold the 39
other person out as holding a type of registration or endorsement 40
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if the practitioner does not hold that type of registration or 1
endorsement; or 2
(b) claim another person is qualified to hold a type of registration or 3
endorsement that the other person does not hold; or 4
(c) claim another person holds specialist registration under this Law 5
in a recognised specialty which the other person does not hold or 6
hold the other person out as holding specialist registration in a 7
recognised specialty if the other person does not hold specialist 8
registration in that specialty; or 9
(d) claim another person is qualified to practise in a recognised 10
specialty in which the other person is not registered. 11
Maximum penalty-- 12
(a) in the case of an individual--$30,000; or 13
(b) in the case of a body corporate--$60,000. 14
Note. A contravention of this subsection by a registered health practitioner may 15
also constitute unprofessional conduct for which health, conduct or 16
performance action may be taken. 17
120 Registered health practitioner registered on conditions 18
(1) A registered health practitioner who is registered on conditions must not 19
knowingly or recklessly claim, or hold himself or herself out, to be 20
registered without the conditions or any conditions. 21
(2) A contravention of subsection (1) by a registered health practitioner 22
does not constitute an offence but may constitute behaviour for which 23
health, conduct or performance action may be taken. 24
Subdivision 2 Practice protections 25
121 Restricted dental acts 26
(1) A person must not carry out a restricted dental act unless the person-- 27
(a) is registered in the dental profession or medical profession and 28
carries out the restricted dental act in accordance with any 29
requirements specified in an approved registration standard; or 30
(b) is a student who carries out the restricted dental act in the course 31
of activities undertaken as part of-- 32
(i) an approved program of study for the dental profession or 33
medical profession; or 34
(ii) clinical training in the dental profession or medical 35
profession; or 36
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(c) carries out the restricted dental act in the course of carrying out 1
technical work on the written order of a person registered in the 2
dentists or dental prosthetists division of the dental profession; or 3
(d) is a person, or a member of a class of persons, prescribed under a 4
regulation as being authorised to carry out the restricted dental 5
act or restricted dental acts generally. 6
Maximum penalty-- $30,000. 7
(2) In this section-- 8
restricted dental act means any of the following acts-- 9
(a) performing any irreversible procedure on the human teeth or jaw 10
or associated structures; 11
(b) correcting malpositions of the human teeth or jaw or associated 12
structures; 13
(c) fitting or intra-orally adjusting artificial teeth or corrective or 14
restorative dental appliances for a person; 15
(d) performing any irreversible procedure on, or the giving of any 16
treatment or advice to, a person that is preparatory to or for the 17
purpose of fitting, inserting, adjusting, fixing, constructing, 18
repairing or renewing artificial dentures or a restorative dental 19
appliance. 20
technical work means the mechanical construction or the renewal or 21
repair of artificial dentures or restorative dental appliances. 22
122 Restriction on prescription of optical appliances 23
(1) A person must not prescribe an optical appliance unless-- 24
(a) the person is an optometrist or medical practitioner; or 25
(b) the appliance is spectacles and the person is an orthoptist who-- 26
(i) prescribes the spectacles in the course of carrying out 27
duties at a public health facility; or 28
(ii) prescribes the spectacles under the supervision of an 29
optometrist or medical practitioner; or 30
(iii) prescribes the spectacles, on the written referral of an 31
optometrist or medical practitioner, to a person who has 32
had, within the 12 months before the referral, an ocular 33
health examination conducted by an optometrist or 34
medical practitioner; or 35
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(c) the person is a person, or a member of a class of persons, 1
prescribed under a regulation as being authorised to prescribe an 2
optical appliance of that type or to prescribe optical appliances 3
generally. 4
Maximum penalty-- $30,000. 5
(2) In this section-- 6
optical appliance means-- 7
(a) any appliance designed to correct, remedy or relieve any 8
refractive abnormality or defect of sight, including, for example, 9
spectacle lenses; or 10
(b) contact lenses, whether or not designed to correct, remedy or 11
relieve any refractive abnormality or defect of sight. 12
optometrist means a person registered in the optometry profession. 13
orthoptist means a person whose name is recorded in the Register of 14
Orthoptists kept by the Australian Orthoptists Registration Body Pty 15
Ltd (ACN 095 11 7 678). 16
123 Restriction on spinal manipulation 17
(1) A person must not perform manipulation of the cervical spine unless the 18
person-- 19
(a) is registered in an appropriate health profession; or 20
(b) is a student who performs manipulation of the cervical spine in 21
the course of activities undertaken as part of-- 22
(i) an approved program of study in an appropriate health 23
profession; or 24
(ii) clinical training in an appropriate health profession; or 25
(c) is a person, or a member of a class of persons, prescribed under a 26
regulation as being authorised to perform manipulation of the 27
cervical spine. 28
Maximum penalty-- $30,000. 29
(2) In this section-- 30
appropriate health profession means any of the following health 31
professions-- 32
(a) chiropractic; 33
(b) osteopathy; 34
(c) medical; 35
(d) physiotherapy. 36
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manipulation of the cervical spine means moving the joints of the 1
cervical spine beyond a person's usual physiological range of motion 2
using a high velocity, low amplitude thrust. 3
Division 11 Miscellaneous 4
Subdivision 1 Certificates of registration 5
124 Issue of certificate of registration 6
(1) This section applies if-- 7
(a) a National Board decides to register an individual in the health 8
profession for which the Board is established; or 9
(b) a National Board decides to renew an individual's registration in 10
the health profession for which the Board is established; or 11
(c) a National Board or an adjudication body decides to impose, 12
change or remove a condition on a registered health practitioner's 13
registration or otherwise change the practitioner's registration in 14
a material way; or 15
(d) a National Board or an adjudication body decides to accept an 16
undertaking from a registered health practitioner or to change or 17
revoke an undertaking given by the practitioner; or 18
(e) a National Board decides to endorse a health practitioner's 19
registration. 20
(2) The National Board must, as soon as practicable after the decision is 21
made, give the registered health practitioner a certificate of registration 22
in the form decided by the Board. 23
(3) A certificate of registration must include the following-- 24
(a) the name of the registered health practitioner; 25
(b) the type of registration granted and, if the registration is 26
endorsed, the type of endorsement granted; 27
(c) the date the registration or endorsement was granted; 28
(d) the division of the register, if any, in which the practitioner is 29
registered; 30
(e) any condition to which the registration or endorsement is subject; 31
(f) any undertaking given by the practitioner to the National Board; 32
(g) the date the registration expires; 33
(h) any other information the Board considers appropriate. 34
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Subdivision 2 Review of conditions and undertakings 1
125 Changing or removing conditions or undertaking on application by 2
registered health practitioner or student 3
(1) A registered health practitioner or student may apply to a National 4
Board that registered the practitioner or student-- 5
(a) for a registered health practitioner-- 6
(i) to change or remove a condition imposed on the 7
practitioner's registration or endorsement; or 8
(ii) to change or revoke an undertaking given by the 9
practitioner; or 10
(b) for a student-- 11
(i) to change or remove a condition imposed on the student's 12
registration; or 13
(ii) to change or revoke an undertaking given by the student to 14
the Board. 15
(2) However, the registered health practitioner or student may not make an 16
application-- 17
(a) during a review period applying to the condition or undertaking, 18
unless the practitioner or student reasonably believes there has 19
been a material change in the practitioner's or student's 20
circumstances; or 21
(b) for a condition imposed by an adjudication body for a 22
co-regulatory jurisdiction, unless the adjudication body decided, 23
when imposing the condition, that this Subdivision applied to the 24
condition. 25
(3) An application under subsection (1) must-- 26
(a) be in the form approved by the National Board; and 27
(b) be accompanied by any other information reasonably required by 28
the Board. 29
(4) For the purposes of deciding the application, the National Board may 30
exercise a power under section 80 as if the application were an 31
application for registration as a registered health practitioner. 32
(5) The National Board must decide to grant the application or refuse to 33
grant the application. 34
(6) As soon as practicable after making the decision under subsection (5), 35
the National Board must give the registered health practitioner or 36
student written notice of the Board's decision. 37
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(7) If the National Board decides to refuse to grant the application, the 1
notice must state-- 2
(a) the decision made by the Board; and 3
(b) that the registered health practitioner or student may appeal 4
against the decision; and 5
(c) how an application for appeal may be made and the period within 6
which the application must be made. 7
126 Changing conditions on Board's initiative 8
(1) This section applies if a National Board reasonably believes it is 9
necessary to change a condition imposed on the registration of a 10
registered health practitioner or student registered by the Board. 11
(2) The National Board must give the registered health practitioner or 12
student a written notice stating-- 13
(a) that the Board proposes to change the condition; and 14
(b) how the Board proposes to change the condition; and 15
(c) the reason for the proposed change; and 16
(d) that the practitioner or student may, within 30 days after receipt 17
of the notice, make written or verbal submissions to the Board 18
about why the condition should not be changed. 19
(3) However, the condition may not be changed-- 20
(a) during a review period applying to the condition, unless the 21
National Board reasonably believes there has been a material 22
change in the registered health practitioner's or student's 23
circumstances; or 24
(b) if the condition was imposed by an adjudication body for a 25
co-regulatory jurisdiction, unless the adjudication body decided, 26
when imposing the condition, that this Subdivision applied to the 27
condition. 28
(4) The registered health practitioner or student may make written or verbal 29
submissions about the proposed change to the condition as stated in the 30
notice. 31
(5) The National Board must consider any submissions made under 32
subsection (4) and decide whether or not to change the condition. 33
(6) As soon as practicable after making its decision the National Board 34
must give written notice of the decision to the registered health 35
practitioner or student. 36
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(7) If the National Board decides to change the condition, the notice must 1
state-- 2
(a) the decision made by the Board; and 3
(b) that the registered health practitioner or student may appeal 4
against the decision; and 5
(c) how an application for appeal may be made and the period within 6
which the application must be made. 7
127 Removal of condition or revocation of undertaking 8
(1) This section applies if a National Board reasonably believes-- 9
(a) that a condition imposed on the registration of a registered health 10
practitioner or student registered by the Board is no longer 11
necessary; or 12
(b) that an undertaking given to the Board by a health practitioner or 13
student registered by the Board is no longer necessary. 14
(2) The National Board may decide to remove the condition or revoke the 15
undertaking. 16
(3) However, the condition or undertaking may not be removed or 17
revoked-- 18
(a) during a review period applying to the condition or undertaking, 19
unless the National Board reasonably believes there has been a 20
material change in the registered health practitioner's or student's 21
circumstances; or 22
(b) for a condition imposed by an adjudication body for a 23
co-regulatory jurisdiction, unless the adjudication body decided, 24
when imposing the condition, that this Subdivision applied to the 25
condition. 26
(4) As soon as practicable after making the decision the National Board 27
must give notice of the decision to the registered health practitioner or 28
student. 29
(5) The decision takes effect on the date stated in the notice. 30
Subdivision 3 Obligations of registered health practitioners 31
and students 32
128 Continuing professional development 33
(1) A registered health practitioner must undertake the continuing 34
professional development required by an approved registration standard 35
for the health profession in which the practitioner is registered. 36
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(2) A contravention of subsection (1) by a registered health practitioner 1
does not constitute an offence but may constitute behaviour for which 2
health, conduct or performance action may be taken. 3
(3) In this section-- 4
registered health practitioner does not include a registered health 5
practitioner who holds non-practising registration in the profession. 6
129 Professional indemnity insurance arrangements 7
(1) A registered health practitioner must not practise the health profession 8
in which the practitioner is registered unless appropriate professional 9
indemnity insurance arrangements are in force in relation to the 10
practitioner's practice of the profession. 11
(2) A National Board may, at any time by written notice, require a 12
registered health practitioner registered by the Board to give the Board 13
evidence of the appropriate professional indemnity insurance 14
arrangements that are in force in relation to the practitioner's practice of 15
the profession. 16
(3) A registered health practitioner must not, without reasonable excuse, 17
fail to comply with a written notice given to the practitioner under 18
subsection (2). 19
(4) A contravention of subsection (1) or (3) by a registered health 20
practitioner does not constitute an offence but may constitute behaviour 21
for which health, conduct or performance action may be taken. 22
(5) In this section-- 23
registered health practitioner does not include a registered health 24
practitioner who holds non-practising registration in the profession. 25
130 Registered health practitioner or student to give National Board notice 26
of certain events 27
(1) A registered health practitioner or student must, within 7 days after 28
becoming aware that a relevant event has occurred in relation to the 29
practitioner or student, give the National Board that registered the 30
practitioner or student written notice of the event. 31
(2) A contravention of subsection (1) by a registered health practitioner or 32
student does not constitute an offence but may constitute behaviour for 33
which health, conduct or performance action may be taken. 34
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(3) In this section-- 1
relevant event means-- 2
(a) in relation to a registered health practitioner-- 3
(i) the practitioner is charged, whether in a participating 4
jurisdiction or elsewhere, with an offence punishable by 12 5
months imprisonment or more; or 6
(ii) the practitioner is convicted of or the subject of a finding 7
of guilt for an offence, whether in a participating 8
jurisdiction or elsewhere, punishable by imprisonment; or 9
(iii) appropriate professional indemnity insurance 10
arrangements are no longer in place in relation to the 11
practitioner's practice of the profession; or 12
(iv) the practitioner's right to practise at a hospital or another 13
facility at which health services are provided is withdrawn 14
or restricted because of the practitioner's conduct, 15
professional performance or health; or 16
(v) the practitioner's billing privileges are withdrawn or 17
restricted under the Medicare Australia Act 1973 of the 18
Commonwealth because of the practitioner's conduct, 19
professional performance or health; or 20
(vi) the practitioner's authority under a law of a State or 21
Territory to administer, obtain, possess, prescribe, sell, 22
supply or use a scheduled medicine or class of scheduled 23
medicines is cancelled or restricted; or 24
(vii) a complaint is made about the practitioner to an entity 25
referred to in section 219(1)(a) to (e); or 26
(viii) the practitioner's registration under the law of another 27
country that provides for the registration of health 28
practitioners is suspended or cancelled or made subject to 29
a condition or another restriction; or 30
(b) in relation to a student-- 31
(i) the student is charged with an offence punishable by 12 32
months imprisonment or more; or 33
(ii) the student is convicted of or the subject of a finding of 34
guilt for an offence punishable by imprisonment; or 35
(iii) the student's registration under the law of another country 36
that provides for the registration of students has been 37
suspended or cancelled. 38
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131 Change in principal place of practice, address or name 1
(1) A registered health practitioner must, within 30 days of any of the 2
following changes happening, give the National Board that registered 3
the practitioner written notice of the change and any evidence providing 4
proof of the change required by the Board-- 5
(a) a change in the practitioner's principal place of practice; 6
(b) a change in the address provided by the registered health 7
practitioner as the address the Board should use in corresponding 8
with the practitioner; 9
(c) a change in the practitioner's name. 10
(2) A contravention of subsection (1) by a registered health practitioner 11
does not constitute an offence but may constitute behaviour for which 12
health, conduct or performance action may be taken. 13
132 National Board may ask registered health practitioner for employer's 14
details 15
(1) A National Board may, at any time by written notice given to a health 16
practitioner registered by the Board, ask the practitioner to give the 17
Board the following information-- 18
(a) information about whether the practitioner is employed by 19
another entity; 20
(b) if the practitioner is employed by another entity-- 21
(i) the name of the practitioner's employer; and 22
(ii) the address and other contact details of the practitioner's 23
employer. 24
(2) The registered health practitioner must not, without reasonable excuse, 25
fail to comply with the notice. 26
(3) A contravention of subsection (2) by a registered health practitioner 27
does not constitute an offence but may constitute behaviour for which 28
health, conduct or performance action may be taken. 29
Subdivision 4 Advertising 30
133 Advertising 31
(1) A person must not advertise a regulated health service, or a business that 32
provides a regulated health service, in a way that-- 33
(a) is false, misleading or deceptive or is likely to be misleading or 34
deceptive; or 35
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(b) offers a gift, discount or other inducement to attract a person to 1
use the service or the business, unless the advertisement also 2
states the terms and conditions of the offer; or 3
(c) uses testimonials or purported testimonials about the service or 4
business; or 5
(d) creates an unreasonable expectation of beneficial treatment; or 6
(e) directly or indirectly encourages the indiscriminate or 7
unnecessary use of regulated health services. 8
Maximum penalty-- 9
(a) in the case of an individual--$5,000; or 10
(b) in the case of a body corporate--$10,000. 11
(2) A person does not commit an offence against subsection (1) merely 12
because the person, as part of the person's business, prints or publishes 13
an advertisement for another person. 14
(3) In proceedings for an offence against this section, a court may have 15
regard to a guideline approved by a National Board about the 16
advertising of regulated health services. 17
(4) In this section-- 18
regulated health service means a service provided by, or usually 19
provided by, a health practitioner. 20
Subdivision 5 Board's powers to check identity and criminal 21
history 22
134 Evidence of identity 23
(1) A National Board may, at any time, require a registered health 24
practitioner to provide evidence of the practitioner's identity. 25
(2) A requirement under subsection (1) must be made by written notice 26
given to the registered health practitioner. 27
(3) The registered health practitioner must not, without reasonable excuse, 28
fail to comply with the notice. 29
(4) A contravention of subsection (3) by a registered health practitioner 30
does not constitute an offence but may constitute behaviour for which 31
health, conduct or performance action may be taken. 32
(5) If a registered health practitioner gives a National Board a document as 33
evidence of the practitioner's identity under this section, the Board may, 34
by written notice, ask the entity that issued the document-- 35
(a) to confirm the validity of the document; or 36
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(b) to give the Board other information relevant to the practitioner's 1
identity. 2
(6) An entity given a notice under subsection (5) is authorised to provide 3
the information requested. 4
135 Criminal history check 5
(1) A National Board may, at any time, obtain a written report about a 6
registered health practitioner's criminal history from any of the 7
following-- 8
(a) CrimTrac; 9
(b) a police commissioner; 10
(c) an entity in a jurisdiction outside Australia that has access to 11
records about the criminal history of persons in that jurisdiction. 12
(2) Without limiting subsection (1), a report may be obtained under that 13
subsection-- 14
(a) to check a statement made by a registered health practitioner in 15
the practitioner's application for renewal of registration; or 16
(b) as part of an audit carried out by a National Board, to check 17
statements made by registered health practitioners. 18
(3) A criminal history law does not apply to a report under subsection (1). 19
Subdivision 6 General 20
136 Directing or inciting unprofessional conduct or professional misconduct 21
(1) A person must not direct or incite a registered health practitioner to do 22
anything, in the course of the practitioner's practice of the health 23
profession, that amounts to unprofessional conduct or professional 24
misconduct. 25
Maximum penalty-- 26
(a) in the case of an individual--$30,000; or 27
(b) in the case of a body corporate--$60,000. 28
(2) Subsection (1) does not apply to a person who is the owner or operator 29
of a public health facility. 30
137 Surrender of registration 31
(1) A registered health practitioner may, by written notice given to the 32
National Board that registered the practitioner, surrender the 33
practitioner's registration. 34
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(2) The surrender of the registration takes effect on-- 1
(a) the day the National Board receives the notice under 2
subsection (1); or 3
(b) the later day stated in the notice. 4
Part 8 Health, performance and conduct 5
Division 1 Preliminary 6
138 Part applicable to persons formerly registered under this Law 7
(1) This section applies if a person was, but is no longer, registered in a 8
health profession under this Law. 9
(2) A notification may be made, and proceedings may be taken, under this 10
Part in relation to the person's behaviour while registered as if the 11
person were still registered under this Law by the National Board 12
established for the health profession. 13
(3) For the purposes of subsection (2), this Part (other than Divisions 2 14
and 6) applies, with any necessary changes, to the person as if a 15
reference to a registered health practitioner included that person. 16
139 Part applicable to persons formerly registered under corresponding 17
prior Act in certain circumstances 18
(1) This section applies if a person-- 19
(a) was registered in a health profession under a corresponding prior 20
Act; and 21
(b) is not, and has not been, registered in the health profession under 22
this Law. 23
(2) A notification may be made, and proceedings may be taken, under this 24
Part in relation to the person's behaviour while registered under the 25
corresponding prior Act as if the person were registered under this Law 26
by the National Board established for the health profession. 27
(3) However, subsection (2) applies only to the extent-- 28
(a) a notification about the person's behaviour could have been made 29
under the corresponding prior Act; and 30
(b) proceedings of that type could have been taken under the 31
corresponding prior Act. 32
(4) For the purposes of subsection (2), this Part (other than Divisions 2 33
and 7) applies, with any necessary changes, to the person as if a 34
reference to a registered health practitioner included that person. 35
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Division 2 Mandatory notifications 1
140 Definition of notifiable conduct 2
In this Division-- 3
notifiable conduct, in relation to a registered health practitioner, means 4
the practitioner has-- 5
(a) practised the practitioner's profession while intoxicated by 6
alcohol or drugs; or 7
(b) engaged in sexual misconduct in connection with the practice of 8
the practitioner's profession; or 9
(c) placed the public at risk of substantial harm in the practitioner's 10
practice of the profession because the practitioner has an 11
impairment; or 12
(d) placed the public at risk of harm because the practitioner has 13
practised the profession in a way that constitutes a significant 14
departure from accepted professional standards. 15
141 Mandatory notifications by health practitioners 16
(1) This section applies to a registered health practitioner (the first health 17
practitioner) who, in the course of practising the first health 18
practitioner's profession, forms a reasonable belief that-- 19
(a) another registered health practitioner (the second health 20
practitioner) has behaved in a way that constitutes notifiable 21
conduct; or 22
(b) a student has an impairment that, in the course of the student 23
undertaking clinical training, may place the public at substantial 24
risk of harm. 25
(2) The first health practitioner must, as soon as practicable after forming 26
the reasonable belief, notify the National Agency of the second health 27
practitioner's notifiable conduct or the student's impairment. 28
Note. See section 237 which provides protection from civil, criminal and 29
administrative liability for persons who, in good faith, make a notification under 30
this Law. Section 237(3) provides that the making of a notification does not 31
constitute a breach of professional etiquette or ethics or a departure from 32
accepted standards of professional conduct and nor is any liability for 33
defamation incurred. 34
(3) A contravention of subsection (2) by a registered health practitioner 35
does not constitute an offence but may constitute behaviour for which 36
action may be taken under this Part. 37
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(4) For the purposes of subsection (1), the first health practitioner does not 1
form the reasonable belief in the course of practising the profession if-- 2
(a) the first health practitioner-- 3
(i) is employed or otherwise engaged by an insurer that 4
provides professional indemnity insurance that relates to 5
the second health practitioner or student; and 6
(ii) forms the reasonable belief the second health practitioner 7
has behaved in a way that constitutes notifiable conduct, or 8
the student has an impairment, as a result of a disclosure 9
made by a person to the first health practitioner in the 10
course of a legal proceeding or the provision of legal 11
advice arising from the insurance policy; or 12
(b) the first health practitioner forms the reasonable belief in the 13
course of providing advice in relation to the notifiable conduct or 14
impairment for the purposes of a legal proceeding or the 15
preparation of legal advice; or 16
(c) the first health practitioner is a legal practitioner and forms the 17
reasonable belief in the course of providing legal services to the 18
second health practitioner or student in relation to a legal 19
proceeding or the preparation of legal advice in which the 20
notifiable conduct or impairment is an issue; or 21
(d) the first health practitioner-- 22
(i) forms the reasonable belief in the course of exercising 23
functions as a member of a quality assurance committee, 24
council or other body approved or authorised under an Act 25
of a participating jurisdiction; and 26
(ii) is unable to disclose the information that forms the basis of 27
the reasonable belief because a provision of that Act 28
prohibits the disclosure of the information; or 29
(e) the first health practitioner knows, or reasonably believes, the 30
National Agency has been notified of the notifiable conduct or 31
impairment that forms the basis of the reasonable belief. 32
142 Mandatory notifications by employers 33
(1) If an employer of a registered health practitioner reasonably believes the 34
health practitioner has behaved in a way that constitutes notifiable 35
conduct, the employer must notify the National Agency of the notifiable 36
conduct. 37
Note. See section 237 which provides protection from civil, criminal and 38
administrative liability for persons who, in good faith, make a notification under 39
this Law. Section 237(3) provides that the making of a notification does not 40
constitute a breach of professional etiquette or ethics or a departure from 41
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accepted standards of professional conduct and nor is any liability for 1
defamation incurred. 2
(2) If the National Agency becomes aware that an employer of a registered 3
health practitioner has failed to notify the Agency of notifiable conduct 4
as required by subsection (1), the Agency must give a written report 5
about the failure to the responsible Minister for the participating 6
jurisdiction in which the notifiable conduct occurred. 7
(3) As soon as practicable after receiving a report under subsection (2), the 8
responsible Minister must report the employer's failure to notify the 9
Agency of the notifiable conduct to a health complaints entity, the 10
employer's licensing authority or another appropriate entity in that 11
participating jurisdiction. 12
(4) In this section-- 13
employer, of a registered health practitioner, means an entity that 14
employs the health practitioner under a contract of employment or a 15
contract for services. 16
licensing authority, of an employer, means an entity that under a law of 17
a participating jurisdiction is responsible for licensing, registering or 18
authorising the employer to conduct the employer's business. 19
143 Mandatory notifications by education providers 20
(1) An education provider must notify the National Agency if the provider 21
reasonably believes-- 22
(a) a student enrolled in a program of study provided by the provider 23
has an impairment that, in the course of the student undertaking 24
clinical training as part of the program of study, may place the 25
public at substantial risk of harm; or 26
(b) a student for whom the education provider has arranged clinical 27
training has an impairment that, in the course of the student 28
undertaking the clinical training, may place the public at 29
substantial risk of harm; 30
Note. See section 237 which provides protection from civil, criminal and 31
administrative liability for persons who make a notification under this Law. 32
Section 237(3) provides that the making of a notification does not constitute a 33
breach of professional etiquette or ethics or a departure from accepted 34
standards of professional conduct and nor is any liability for defamation 35
incurred. 36
(2) A contravention of subsection (1) does not constitute an offence. 37
(3) However, if an education provider does not comply with 38
subsection (1)-- 39
(a) the National Board that registered the student must publish 40
details of the failure on the Board's website; and 41
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(b) the National Agency may, on the recommendation of the 1
National Board, include a statement about the failure in the 2
Agency's annual report. 3
Division 3 Voluntary notifications 4
144 Grounds for voluntary notification 5
(1) A voluntary notification about a registered health practitioner may be 6
made to the National Agency on any of the following grounds-- 7
(a) that the practitioner's professional conduct is, or may be, of a 8
lesser standard than that which might reasonably be expected of 9
the practitioner by the public or the practitioner's professional 10
peers; 11
(b) that the knowledge, skill or judgment possessed, or care 12
exercised by, the practitioner in the practice of the practitioner's 13
health profession is, or may be, below the standard reasonably 14
expected; 15
(c) that the practitioner is not, or may not be, a suitable person to hold 16
registration in the health profession, including, for example, that 17
the practitioner is not a fit and proper person to be registered in 18
the profession; 19
(d) that the practitioner has, or may have, an impairment; 20
(e) that the practitioner has, or may have, contravened this Law; 21
(f) that the practitioner has, or may have, contravened a condition of 22
the practitioner's registration or an undertaking given by the 23
practitioner to a National Board; 24
(g) that the practitioner's registration was, or may have been, 25
improperly obtained because the practitioner or someone else 26
gave the National Board information or a document that was false 27
or misleading in a material particular. 28
(2) A voluntary notification about a student may be made to the National 29
Agency on the grounds that-- 30
(a) the student has been charged with an offence, or has been 31
convicted or found guilty of an offence, that is punishable by 32
12 months imprisonment or more; or 33
(b) the student has, or may have, an impairment; or 34
(c) that the student has, or may have, contravened a condition of the 35
student's registration or an undertaking given by the student to a 36
National Board. 37
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145 Who may make voluntary notification 1
Any entity that believes that a ground on which a voluntary notification 2
may be made exists in relation to a registered health practitioner or a 3
student may notify the National Agency. 4
Note. See section 237 which provides protection from civil, criminal and 5
administrative liability for persons who, in good faith, make a notification under 6
this Law. 7
Division 4 Making a notification 8
146 How notification is made 9
(1) A notification may be made to the National Agency-- 10
(a) verbally, including by telephone; or 11
(b) in writing, including by email or other electronic means. 12
(2) A notification must include particulars of the basis on which it is made. 13
(3) If a notification is made verbally, the National Agency must make a 14
record of the notification. 15
147 National Agency to provide reasonable assistance to notifier 16
(1) The National Agency must, if asked by an entity, give the entity 17
reasonable assistance to make a notification about a registered health 18
practitioner or student. 19
(2) Without limiting subsection (1), the National Agency may assist an 20
entity to make a notification if-- 21
(a) the entity is not able to put the entity's notification in writing 22
without assistance; or 23
(b) the entity needs assistance to clarify the nature of the individual's 24
notification. 25
Division 5 Preliminary assessment 26
148 Referral of notification to National Board or co-regulatory authority 27
(1) Subject to subsections (2) and (3), the National Agency must, as soon 28
as practicable after receiving a notification about a registered health 29
practitioner or a student, refer the notification to the National Board that 30
registered the health practitioner or student. 31
(2) If the behaviour that is the basis for the ground for the notification 32
occurred, or is reasonably believed to have occurred, in a co-regulatory 33
jurisdiction, the National Agency-- 34
(a) must not deal with the notification; and 35
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(b) must, as soon as practicable after receiving the notification, refer 1
the notification to the co-regulatory authority for the 2
co-regulatory jurisdiction. 3
(3) If the behaviour that is the basis for the ground for the notification 4
occurred, or is reasonably believed to have occurred, in more than one 5
jurisdiction and one of the jurisdictions is a co-regulatory jurisdiction, 6
the National Agency must-- 7
(a) if the registered health practitioner's principal place of practice is 8
in the co-regulatory jurisdiction, refer the notification under 9
subsection (2); or 10
(b) otherwise, refer the notification under subsection (1). 11
149 Preliminary assessment 12
(1) A National Board must, within 60 days after receipt of a notification, 13
conduct a preliminary assessment of the notification and decide-- 14
(a) whether or not the notification relates to a person who is a health 15
practitioner or a student registered by the Board; and 16
(b) whether or not the notification relates to a matter that is a ground 17
for notification; and 18
(c) if the notification is a notification referred to in paragraphs (a) 19
and (b), whether or not it is a notification that could also be made 20
to a health complaints entity. 21
(2) Without limiting subsection (1)(b), the National Board may decide the 22
notification relates to a matter that is a ground for notification under 23
section 144 on the basis of-- 24
(a) a single notification about a person; or 25
(b) a number of notifications about a person including-- 26
(i) a number of notifications that suggest a pattern of conduct; 27
and 28
(ii) notifications made to a health complaints entity. 29
(3) If the National Board decides the notification relates to a person who is 30
not registered by the Board but the Board reasonably suspects the 31
person is registered by another National Board, the Board must refer the 32
notification to that other Board. 33
150 Relationship with health complaints entity 34
(1) If the subject matter of a notification would also provide a ground for a 35
complaint to a health complaints entity under a law of a participating 36
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jurisdiction, the National Board that received the notification must, as 1
soon as practicable after its receipt-- 2
(a) notify the health complaints entity that the Board has received the 3
notification; and 4
(b) give to the health complaints entity-- 5
(i) a copy of the notification or, if the notification was not 6
made in writing, a copy of the National Agency's record of 7
the details of the notification; and 8
(ii) any other information the Board has that is relevant to the 9
notification. 10
(2) If a health complaints entity receives a complaint about a health 11
practitioner, the health complaints entity must, as soon as practicable 12
after its receipt-- 13
(a) notify the National Board established for the practitioner's health 14
profession that the health complaints entity has received the 15
complaint; and 16
(b) give to the National Board-- 17
(i) a copy of the complaint or, if the complaint was not made 18
in writing, a copy of the health complaints entity's record 19
of the details of the complaint; and 20
(ii) any other information the health complaints entity has that 21
is relevant to the complaint. 22
(3) The National Board and the health complaints entity must attempt to 23
reach agreement about how the notification or complaint is to be dealt 24
with, including-- 25
(a) whether the Board is to deal with the notification or complaint, or 26
part of the notification or complaint, or to decide to take no 27
further action in relation to it; and 28
(b) if the Board is to deal with the notification or complaint or part of 29
the notification or complaint, the action the Board is to take. 30
(4) If the National Board and the health complaints entity are not able to 31
reach agreement on how the notification or complaint, or part of the 32
notification or complaint, is to be dealt with, the most serious action 33
proposed by either must be taken. 34
(5) If an investigation, conciliation or other action taken by a health 35
complaints entity raises issues about the health, conduct or performance 36
of a registered health practitioner, the health complaints entity must 37
give the National Board that registered the practitioner written notice of 38
the issues. 39
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(6) If a notification, or part of a notification, received by a National Board 1
is referred to a health complaints entity, the Board may decide to take 2
no further action in relation to the notification or the part of the 3
notification until the entity gives the Board written notice that the entity 4
has finished dealing with it. 5
(7) If a National Board or an adjudication body takes health, conduct or 6
performance action in relation to a registered health practitioner, the 7
Board that registered the practitioner must give written notice of the 8
action to the health complaints entity for the participating jurisdiction in 9
which the behaviour that provided the basis for the action occurred. 10
(8) A written notice under subsection (5) or (7) must include-- 11
(a) sufficient particulars to identify the registered health practitioner; 12
and 13
(b) details of-- 14
(i) the issues raised about the health, conduct or performance 15
of the registered health practitioner; or 16
(ii) the health, conduct or performance action taken in relation 17
to the registered health practitioner. 18
151 When National Board may decide to take no further action 19
(1) A National Board may decide to take no further action in relation to a 20
notification if-- 21
(a) the Board reasonably believes the notification is frivolous, 22
vexatious, misconceived or lacking in substance; or 23
(b) given the amount of time that has elapsed since the matter the 24
subject of the notification occurred, it is not practicable for the 25
Board to investigate or otherwise deal with the notification; or 26
(c) the person to whom the notification relates has not been, or is no 27
longer, registered by the Board and it is not in the public interest 28
for the Board to investigate or otherwise deal with the 29
notification; or 30
(d) the subject matter of the notification has already been dealt with 31
adequately by the Board; or 32
(e) the subject matter of the notification is being dealt with, or has 33
already been dealt with, adequately by another entity. 34
(2) A decision by a National Board to decide to take no further action in 35
relation to a notification does not prevent a National Board or 36
adjudication body taking the notification into consideration at a later 37
time as part of a pattern of conduct or practice by the health practitioner. 38
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(3) If a National Board decides to take no further action in relation to a 1
notification it must give written notice of the decision to the notifier. 2
(4) A notice under subsection (3) must state-- 3
(a) that the National Board has decided to take no further action in 4
relation to the notification; and 5
(b) the reason the Board has decided to take no further action. 6
152 National Board to give notice of receipt of notification 7
(1) A National Board must, as soon as practicable after receiving a 8
notification about a registered health practitioner or student, give 9
written notice of the notification to the practitioner or student. 10
(2) The notice must advise the registered health practitioner or student of 11
the nature of the notification. 12
(3) Despite subsection (1), the National Board is not required to give the 13
registered health practitioner or student notice of the notification if the 14
Board reasonably believes doing so would-- 15
(a) prejudice an investigation of the notification; or 16
(b) place at risk a person's health or safety or place a person at risk 17
of intimidation or harassment. 18
Division 6 Other matters 19
153 National Board may deal with notifications about same person together 20
If the National Agency receives more than one notification about a 21
registered health practitioner or student, the National Board established 22
for the health profession in which the practitioner or student is 23
registered may deal with the notifications together. 24
154 National Boards may deal with notifications collaboratively 25
(1) This section applies if a notification received by a National Board 26
relates to-- 27
(a) a registered health practitioner who is registered in more than one 28
health profession; or 29
(b) more than one registered health practitioner and the practitioners 30
are registered in 2 or more different health professions; or 31
(c) a person who is registered as a student in more than one health 32
profession; or 33
(d) more than one student and the students are registered in 2 or more 34
different health professions. 35
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(2) The National Board may deal with the notification in conjunction with 1
one or more other National Boards with whom the registered health 2
practitioner or practitioners, or student or students, are registered. 3
Division 7 Immediate action 4
155 Definition 5
In this Division-- 6
immediate action, in relation to a registered health practitioner or 7
student, means-- 8
(a) the suspension, or imposition of a condition on, the health 9
practitioner's or student's registration; or 10
(b) accepting an undertaking from the health practitioner or student; 11
or 12
(c) accepting the surrender of the health practitioner's or student's 13
registration. 14
156 Power to take immediate action 15
(1) A National Board may take immediate action in relation to a registered 16
health practitioner or student registered by the Board if-- 17
(a) the National Board reasonably believes that-- 18
(i) because of the registered health practitioner's conduct, 19
performance or health, the practitioner poses a serious risk 20
to persons; and 21
(ii) it is necessary to take immediate action to protect public 22
health or safety; or 23
(b) the National Board reasonably believes that-- 24
(i) the student poses a serious risk to persons because the 25
student-- 26
(A) has been charged with an offence, or has been 27
convicted or found guilty of an offence, that is 28
punishable by 12 months imprisonment or more; or 29
(B) has, or may have, an impairment; or 30
(C) has, or may have, contravened a condition of the 31
student's registration or an undertaking given by the 32
student to a National Board; and 33
(ii) it is necessary to take immediate action to protect public 34
health or safety; or 35
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(c) the registered health practitioner's registration was improperly 1
obtained because the practitioner or someone else gave the 2
National Board information or a document that was false or 3
misleading in a material particular; or 4
(d) the registered health practitioner's or student's registration has 5
been cancelled or suspended under the law of a jurisdiction, 6
whether in Australia or elsewhere, that is not a participating 7
jurisdiction. 8
(2) However, the National Board may take immediate action that consists 9
of suspending, or imposing a condition on, the health practitioner's or 10
student's registration only if the Board has complied with section 157. 11
157 Show cause process 12
(1) If a National Board is proposing to take immediate action that consists 13
of suspending, or imposing a condition on, a registered health 14
practitioner's or student's registration under section 156, the Board 15
must-- 16
(a) give the practitioner or student notice of the proposed immediate 17
action; and 18
(b) invite the practitioner or student to make a submission to the 19
Board, within the time stated in the notice about the proposed 20
immediate action. 21
(2) A notice given to a registered health practitioner or student under 22
subsection (1), and any submissions made by the practitioner or student 23
in accordance with the notice, may be written or verbal. 24
(3) The National Board must have regard to any submissions made by the 25
registered health practitioner or student in accordance with this section 26
in deciding whether to take immediate action in relation to the 27
practitioner or student. 28
158 Notice to be given to registered health practitioner or student about 29
immediate action 30
(1) Immediately after deciding to take immediate action in relation to a 31
registered health practitioner or student, the National Board must-- 32
(a) give written notice of the Board's decision to the health 33
practitioner or student; and 34
(b) take the further action under this Part the Board considers 35
appropriate, including, for example, investigating the practitioner 36
or student or requiring the practitioner or student to undergo a 37
health or performance assessment. 38
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(2) The notice must state-- 1
(a) the immediate action the National Board has decided to take; and 2
(b) the reasons for the decision to take the immediate action; and 3
(c) the further action the National Board proposes to take under this 4
Part in relation to the health practitioner or student; and 5
(d) that the registered health practitioner or student may appeal 6
against the decision to take the immediate action if the action is 7
to suspend, or impose a condition on, the practitioner's or 8
student's registration; and 9
(e) how an application for appeal may be made and the period within 10
which the application must be made. 11
159 Period of immediate action 12
(1) The decision by the National Board to take immediate action in relation 13
to the registered health practitioner or student takes effect on-- 14
(a) the day the notice is given to the practitioner or student; or 15
(b) the later day stated in the notice. 16
(2) The decision continues to have effect until the earlier of the following 17
occurs-- 18
(a) the decision is set aside on appeal; 19
(b) for the suspension of, or imposition of conditions on, the 20
registered health practitioner's or student's registration, the 21
suspension is revoked, or the conditions are removed, by the 22
National Board; or 23
(c) for an undertaking, the National Board and the registered health 24
practitioner or student agree to end the undertaking. 25
Division 8 Investigations 26
Subdivision 1 Preliminary 27
160 When investigation may be conducted 28
(1) A National Board may investigate a registered health practitioner or 29
student registered by the Board if it decides it is necessary or 30
appropriate-- 31
(a) because the Board has received a notification about the 32
practitioner or student; or 33
(b) because the Board for any other reason believes-- 34
(i) the practitioner or student has or may have an impairment; 35
or 36
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(ii) for a practitioner-- 1
(A) the way the practitioner practises the profession is or 2
may be unsatisfactory; or 3
(B) the practitioner's conduct is or may be 4
unsatisfactory; or 5
(c) to ensure the practitioner or student-- 6
(i) is complying with conditions imposed on the practitioner's 7
or student's registration; or 8
(ii) an undertaking given by the practitioner or student to the 9
Board. 10
(2) If a National Board decides to investigate a registered health 11
practitioner or student it must direct an appropriate investigator to 12
conduct the investigation. 13
161 Registered health practitioner or student to be given notice of 14
investigation 15
(1) A National Board that decides to investigate a registered health 16
practitioner or student must, within as soon as practicable after making 17
the decision, give the practitioner or student written notice about the 18
investigation. 19
(2) The notice must advise the registered health practitioner or student of 20
the nature of the matter being investigated. 21
(3) Also, the National Board must, at not less than 3 monthly intervals, give 22
the written notice of the progress of the investigation to-- 23
(a) the registered health practitioner or student; and 24
(b) if the investigation relates to a notification made about the 25
registered health practitioner or student, the notifier. 26
(4) However, the National Board need not give the registered health 27
practitioner or student a notice under subsection (1) or (3) if the Board 28
reasonably believes giving the notice may-- 29
(a) seriously prejudice the investigation; or 30
(b) place at risk a person's health or safety; or 31
(c) place a person at risk of harassment or intimidation. 32
162 Investigation to be conducted in timely way 33
The National Board must ensure an investigator it directs to conduct an 34
investigation conducts the investigation as quickly as practicable, 35
having regard to the nature of the matter to be investigated. 36
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Subdivision 2 Investigators 1
163 Appointment of investigators 2
(1) A National Board may appoint the following persons as investigators-- 3
(a) members of the National Agency's staff; 4
(b) contractors engaged by the National Agency. 5
(2) An investigator holds office on the conditions stated in the instrument 6
of appointment. 7
(3) If an investigator's appointment provides for a term of appointment, the 8
investigator ceases holding office at the end of the term. 9
(4) An investigator may resign by signed notice of resignation given to the 10
National Board which appointed the investigator. 11
(5) Schedule 5 sets out provisions relating to the powers of an investigator. 12
164 Identity card 13
(1) A National Board must give an identity card to each investigator it 14
appoints. 15
(2) The identity card must-- 16
(a) contain a recent photograph of the investigator; and 17
(b) be signed by the investigator; and 18
(c) identify the person as an investigator appointed by the National 19
Board; and 20
(d) include an expiry date. 21
(3) This section does not prevent the issue of a single identity card to a 22
person-- 23
(a) if the person is appointed as an investigator for this Law by more 24
than one National Board; or 25
(b) for this Law and other Acts. 26
(4) A person who ceases to be an investigator must give the person's 27
identity card to the National Board that appointed the person within 7 28
days after the person ceases to be an investigator, unless the person has 29
a reasonable excuse. 30
165 Display of identity card 31
(1) An investigator may exercise a power in relation to someone else (the 32
other person) only if the investigator-- 33
(a) first produces the investigator's identity card for the other 34
person's inspection; or 35
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(b) has the identity card displayed so it is clearly visible to the other 1
person. 2
(2) However, if for any reason it is not practicable to comply with 3
subsection (1) before exercising the power, the investigator must 4
produce the identity card for the other person's inspection at the first 5
reasonable opportunity. 6
Subdivision 3 Procedure after investigation 7
166 Investigator's report about investigation 8
(1) As soon as practicable after completing an investigation under this 9
Division, an investigator must give a written report about the 10
investigation to the National Board that directed the investigator to 11
carry out the investigation. 12
(2) The report must include-- 13
(a) the investigator's findings about the investigation; and 14
(b) the investigator's recommendations about any action to be taken 15
in relation to the health practitioner or student the subject of the 16
investigation. 17
167 Decision by National Board 18
After considering the investigator's report, the National Board must 19
decide-- 20
(a) to take no further action in relation to the matter; or 21
(b) to do either or both of the following-- 22
(i) take the action the Board considers necessary or 23
appropriate under another Division; 24
(ii) refer the matter to another entity, including, for example, a 25
health complaints entity, for investigation or other action. 26
Division 9 Health and performance assessments 27
168 Definition 28
In this Division-- 29
assessment means-- 30
(a) a health assessment; or 31
(b) a performance assessment. 32
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169 Requirement for health assessment 1
A National Board may require a registered health practitioner or student 2
to undergo a health assessment if the Board reasonably believes, 3
because of a notification or for any other reason, that the practitioner or 4
student has, or may have, an impairment. 5
170 Requirement for performance assessment 6
A National Board may require a registered health practitioner to 7
undergo a performance assessment if the Board reasonably believes, 8
because of a notification or for any other reason, that the way the 9
practitioner practises the profession is or may be unsatisfactory. 10
171 Appointment of assessor to carry out assessment 11
(1) If the National Board requires a registered health practitioner or student 12
to undergo an assessment, the National Agency must appoint an 13
assessor chosen by the Board to carry out the assessment. 14
(2) The assessor must be-- 15
(a) for a health assessment, a medical practitioner or psychologist 16
who is not a member of the National Board; or 17
(b) for a performance assessment, a registered health practitioner 18
who is a member of the health profession for which the National 19
Board is established but is not a member of the Board. 20
(3) The assessor may ask another health practitioner to assist the assessor 21
in carrying out the assessment of the registered health practitioner or 22
student. 23
(4) The assessor's fee for carrying out the assessment is to be paid out of 24
the National Board's budget. 25
172 Notice to be given to registered health practitioner or student about 26
assessment 27
(1) A requirement by a National Board for a registered health practitioner 28
or student to undergo an assessment must be made by written notice 29
given to the practitioner or student. 30
(2) The written notice must state-- 31
(a) that the registered health practitioner or student is required to 32
undergo a health assessment or performance assessment; and 33
(b) the nature of the assessment to be carried out; and 34
(c) the name and qualifications of the registered health practitioner 35
who is to carry out the assessment; and 36
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(d) that if the registered health practitioner or student does not 1
undergo the assessment the National Board may continue to take 2
proceedings in relation to the practitioner or student under this 3
Part. 4
173 Assessor may require information or attendance 5
For the purposes of conducting an assessment of a registered health 6
practitioner or student, an assessor may, by written notice given to the 7
practitioner or student, require the practitioner or student to-- 8
(a) give stated information to the assessor within a stated reasonable 9
time and in a stated reasonable way; or 10
(b) attend before the assessor at a stated time and a stated place to 11
undergo the assessment. 12
Example of stated place.
the registered health practitioner's principal place of practice 13
174 Inspection of documents 14
(1) If a document is produced to an assessor, the assessor may-- 15
(a) inspect the document; and 16
(b) make a copy of, or take an extract from, the document; and 17
(c) keep the document while it is necessary for the assessment. 18
(2) If the assessor keeps the document, the assessor must permit a person 19
otherwise entitled to possession of the document to inspect, make a 20
copy of, or take an extract from, the document at the reasonable time 21
and place decided by the assessor. 22
175 Report from assessor 23
The assessor must, as soon as practicable after carrying out the 24
assessment, give to the National Board a report about the assessment. 25
176 Copy of report to be given to health practitioner or student 26
(1) The National Board must, as soon as practicable after receiving the 27
assessor's report, give a copy of the report to-- 28
(a) the registered health practitioner or student to whom it relates; or 29
(b) if the report contains information the Board considers may, if 30
disclosed to the practitioner or student, be prejudicial to the 31
practitioner's or student's physical or mental health or wellbeing, 32
to a medical practitioner or psychologist nominated by the 33
practitioner or student. 34
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(2) If a medical practitioner or psychologist is given a copy of a report about 1
a registered health practitioner or student under subsection (1)(b), the 2
medical practitioner or psychologist must give a copy of the report to 3
the practitioner or student as soon as it will no longer be prejudicial to 4
the practitioner's or student's health or wellbeing. 5
(3) After the registered health practitioner or student has been given a copy 6
of the report under subsection (1)(a) or (2), a person nominated by the 7
Board must-- 8
(a) discuss the report with the practitioner or student; and 9
(b) if the report makes an adverse finding about the practitioner's 10
practice of the profession or states that the assessor finds the 11
practitioner has an impairment, discuss with the practitioner 12
ways of dealing with the finding, including, for a practitioner, 13
whether the practitioner is prepared to alter the way the 14
practitioner practises the health profession. 15
177 Decision by National Board 16
After considering the assessor's report and the discussions held with the 17
registered health practitioner or student under section 176(3), the 18
National Board may decide to-- 19
(a) take the action the Board considers necessary or appropriate 20
under another Division; or 21
(b) refer the matter to another entity, including, for example, a health 22
complaints entity, for investigation or other action; or 23
(c) take no further action in relation to the matter. 24
Division 10 Action by National Board 25
178 National Board may take action 26
(1) This section applies if-- 27
(a) a National Board reasonably believes, because of a notification or 28
for any other reason-- 29
(i) the way a registered health practitioner registered by the 30
Board practises the health profession, or the practitioner's 31
professional conduct, is or may be unsatisfactory; or 32
(ii) a registered health practitioner or student registered by the 33
Board has or may have an impairment; or 34
(iii) a student has been charged with an offence, or has been 35
convicted or found guilty of an offence, that is punishable 36
by 12 months imprisonment or more; or 37
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(iv) a student has or may have contravened a condition of the 1
student's registration or an undertaking given by the 2
student to a National Board; and 3
(b) the matter is not required to be referred to a responsible tribunal 4
under section 193; and 5
(c) the Board decides it is not necessary or appropriate to refer the 6
matter to a panel. 7
(2) The National Board may decide to take one or more of the following 8
actions (relevant action) in relation to the registered health practitioner 9
or student-- 10
(a) caution the registered health practitioner or student; 11
(b) accept an undertaking from the registered health practitioner or 12
student; 13
(c) impose conditions on the practitioner's or student's registration, 14
including, for example, in relation to a practitioner-- 15
(i) a condition requiring the practitioner to complete specified 16
further education or training within a specified period; or 17
(ii) a condition requiring the practitioner to undertake a 18
specified period of supervised practice; or 19
(iii) a condition requiring the practitioner to do, or refrain from 20
doing, something in connection with the practitioner's 21
practice; or 22
(iv) a condition requiring the practitioner to manage the 23
practitioner's practice in a specified way; or 24
(v) a condition requiring the practitioner to report to a 25
specified person at specified times about the practitioner's 26
practice; or 27
(vi) a condition requiring the practitioner not to employ, 28
engage or recommend a specified person, or class of 29
persons; 30
(d) refer the matter to another entity, including, for example, a health 31
complaints entity, for investigation or other action. 32
(3) If the National Board decides to impose a condition on the registered 33
health practitioner's or student's registration, the Board must also 34
decide a review period for the condition. 35
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179 Show cause process 1
(1) If a National Board is proposing to take relevant action in relation to a 2
registered health practitioner or student, the Board must-- 3
(a) give the practitioner or student written notice of the proposed 4
relevant action; and 5
(b) invite the practitioner or student to make a written or verbal 6
submission to the Board, within the reasonable time stated in the 7
notice, about the proposed relevant action. 8
(2) After considering any submissions made by the registered health 9
practitioner or student in accordance with this section, the National 10
Board must decide to-- 11
(a) take no action in relation to the matter; or 12
(b) do either or both of the following-- 13
(i) take the proposed relevant action or other relevant action; 14
(ii) refer the matter to another entity, including, for example, a 15
health complaints entity, for investigation or other action. 16
(3) This section does not apply if-- 17
(a) a National Board is proposing to take relevant action in relation 18
to a registered health practitioner or student; and 19
(b) the National Board has, in relation to the matter that forms the 20
basis for the relevant action-- 21
(i) investigated the registered health practitioner or student 22
under Division 8; or 23
(ii) conducted a health assessment or performance assessment 24
of the registered health practitioner or student under 25
Division 9. 26
180 Notice to be given to health practitioner or student and notifier 27
(1) As soon as practicable after making a decision under section 179(2), the 28
National Board must give written notice of the decision to-- 29
(a) the registered health practitioner or student; and 30
(b) if the decision was the result of a notification, the notifier. 31
(2) The notice given to the notifier must include information about the 32
decision made by the Board only to the extent the information is 33
available on the National Board's register. 34
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Division 11 Panels 1
181 Establishment of health panel 2
(1) A National Board may establish a health panel if-- 3
(a) the Board reasonably believes, because of a notification or for 4
any other reason, that a registered health practitioner or student 5
has or may have an impairment; and 6
(b) the Board decides it is necessary or appropriate for the matter to 7
be referred to a panel. 8
(2) A health panel must consist of the following members chosen from a list 9
referred to in section 183-- 10
(a) at least one member who is a registered health practitioner in the 11
health profession for which the Board is established; 12
(b) at least one member who is a medical practitioner with expertise 13
relevant to the matter the subject of the hearing; 14
(c) at least one member who is not, and has not been, a registered 15
health practitioner in the health profession for which the Board 16
has been established. 17
(3) In choosing members of the panel, the National Board must, if possible, 18
choose a member from the jurisdiction in which the matter the subject 19
of the hearing occurred. 20
(4) No more than half of the members of the panel may be registered health 21
practitioners in the health profession for which the Board is established. 22
(5) However, if the registered health practitioner the subject of the hearing 23
is a medical practitioner, a member of the panel referred to in subsection 24
(2)(b) is not to be considered to be registered in the health profession for 25
which the Board is established for the purposes of subsection (4). 26
(6) A person cannot be appointed to the panel if the person has been 27
involved in any proceedings relating to the matter the subject of the 28
hearing by the panel. 29
182 Establishment of performance and professional standards panel 30
(1) A National Board may establish a performance and professional 31
standards panel if-- 32
(a) the Board reasonably believes, because of a notification or for 33
any other reason, that-- 34
(i) the way a registered health practitioner practises the health 35
profession is or may be unsatisfactory; or 36
(ii) the registered health practitioner's professional conduct is 37
or may be unsatisfactory; and 38
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(b) the Board decides it is necessary or appropriate for the matter to 1
be referred to a panel. 2
(2) A performance and professional standards panel must consist of at least 3
3 members. 4
(3) In choosing members of the panel, the National Board must, if possible, 5
choose a member from the jurisdiction in which the matter the subject 6
of the hearing occurred. 7
(4) At least half, but no more than two-thirds, of the members of the panel 8
must be persons who are registered health practitioners in the health 9
profession for which the Board is established, and chosen from a list 10
approved under section 183. 11
(5) At least one member must be a person who represents the community 12
and chosen from a list approved under section 183. 13
(6) A person may not be appointed to the panel if the person has been 14
involved in any proceedings relating to the matter the subject of the 15
hearing by the panel. 16
183 List of approved persons for appointment to panels 17
(1) A National Board may appoint individuals to a list of persons approved 18
to be appointed as members of panels. 19
(2) To the extent practicable, individuals appointed under subsection (1) 20
should not-- 21
(a) for registered health practitioners, be individuals whose principal 22
place of practice is in a co-regulatory jurisdiction; or 23
(b) otherwise, be individuals who live in a co-regulatory jurisdiction. 24
184 Notice to be given to registered health practitioner or student 25
(1) A panel must give notice of its hearing of a matter to the registered 26
health practitioner or student the subject of the hearing. 27
(2) The notice must state-- 28
(a) the day, time and place at which the hearing is to be held; and 29
(b) the nature of the hearing and the matters to be considered at the 30
hearing; and 31
(c) that the registered health practitioner or student is required to 32
attend the hearing; and 33
(d) that the registered health practitioner may be accompanied at the 34
hearing by an Australian legal practitioner or other person; and 35
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(e) that if the registered health practitioner or student fails to attend 1
the hearing the hearing may continue, and the panel may make a 2
decision, in the practitioner's or student's absence; and 3
(f) the types of decision the panel may make at the end of the 4
hearing. 5
185 Procedure of panel 6
(1) Subject to this Division, a panel may decide its own procedures. 7
(2) A panel is required to observe the principles of natural justice but is not 8
bound by the rules of evidence. 9
(3) A panel may have regard to-- 10
(a) a report prepared by an assessor about the registered health 11
practitioner or student; and 12
(b) any other information the panel considers relevant to the hearing 13
of the matter. 14
186 Legal representation 15
(1) At a hearing of a panel, the registered health practitioner or student the 16
subject of the hearing may be accompanied by an Australian legal 17
practitioner or another person. 18
(2) An Australian legal practitioner or other person accompanying the 19
registered health practitioner or student may appear on behalf of the 20
practitioner or student only with the leave of the panel. 21
(3) The panel may grant leave for an Australian legal practitioner or other 22
person to appear on behalf of the registered health practitioner or 23
student only if the panel considers it appropriate in the particular 24
circumstances of the hearing. 25
187 Submission by notifier 26
If a matter the subject of a hearing before a panel relates to a 27
notification, the notifier may, with the leave of the panel, make a 28
submission to the panel about the matter. 29
188 Panel may proceed in absence of registered health practitioner or 30
student 31
At a hearing, a panel may proceed in the absence of the registered health 32
practitioner or student the subject of the proceedings if the panel 33
reasonably believes the practitioner or student has been given notice of 34
the hearing. 35
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189 Hearing not open to the public 1
A hearing before a panel is not open to the public. 2
190 Referral to responsible tribunal 3
A panel must stop hearing a matter and require the National Board that 4
established the panel to refer the matter to a responsible tribunal under 5
section 193 if, at any time-- 6
(a) the practitioner or student the subject of the hearing asks the 7
panel for the matter to be referred to a responsible tribunal under 8
section 193; or 9
(b) if the subject of the hearing is a registered health practitioner-- 10
(i) the panel reasonably believes the evidence demonstrates 11
the practitioner may have behaved in a way that constitutes 12
professional misconduct; or 13
(ii) the panel reasonably believes the evidence demonstrates 14
the practitioner's registration may have been improperly 15
obtained because the practitioner or someone else gave the 16
Board information or a document that was false or 17
misleading in a material particular. 18
191 Decision of panel 19
(1) After hearing a matter about a registered health practitioner, a panel 20
may decide-- 21
(a) the practitioner has no case to answer and no further action is to 22
be taken in relation to the matter; or 23
(b) one or more of the following-- 24
(i) the practitioner has behaved in a way that constitutes 25
unsatisfactory professional performance; 26
(ii) the practitioner has behaved in a way that constitutes 27
unprofessional conduct; 28
(iii) the practitioner has an impairment; 29
(iv) the matter must be referred to a responsible tribunal under 30
section 193; 31
(v) the matter must be referred to another entity, including, for 32
example, a health complaints entity, for investigation or 33
other action. 34
(2) After hearing a matter about a student, a health panel may decide-- 35
(a) the student has an impairment; or 36
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(b) the matter must be referred to another entity, including, for 1
example, a health complaints entity, for investigation or other 2
action; or 3
(c) the student has no case to answer and no further action is to be 4
taken in relation to the matter. 5
(3) If a panel decides a registered health practitioner or student has an 6
impairment, or that a practitioner has behaved in a way that constitutes 7
unsatisfactory professional performance or unprofessional conduct, the 8
panel may decide to do one or more of the following-- 9
(a) impose conditions on the practitioner's or student's registration, 10
including, for example, in relation to a practitioner-- 11
(i) a condition requiring the practitioner to complete specified 12
further education or training within a specified period; or 13
(ii) a condition requiring the practitioner to undertake a 14
specified period of supervised practice; or 15
(iii) a condition requiring the practitioner to do, or refrain from 16
doing, something in connection with the practitioner's 17
practice; or 18
(iv) a condition requiring the practitioner to manage the 19
practitioner's practice in a specified way; or 20
(v) a condition requiring the practitioner to report to a 21
specified person at specified times about the practitioner's 22
practice; or 23
(vi) a condition requiring the practitioner not to employ, 24
engage or recommend a specified person, or class of 25
persons; 26
(b) for a health panel, suspend the practitioner's or student's 27
registration; 28
(c) for a performance and professional standards panel, caution or 29
reprimand the practitioner. 30
(4) If a panel decides to impose a condition on a registered health 31
practitioner's or student's registration, the panel must also decide a 32
review period for the condition. 33
(5) A decision by a panel that a registered health practitioner has no case to 34
answer in relation to a matter does not prevent a National Board or 35
adjudication body taking the matter into consideration at a later time as 36
part of a pattern of conduct or practice by the health practitioner. 37
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192 Notice to be given about panel's decision 1
(1) As soon as practicable after making a decision under section 191, a 2
panel must give notice of its decision to the National Board that 3
established it. 4
(2) The National Board must, within 30 days after the panel makes its 5
decision, give written notice of the decision to-- 6
(a) the registered health practitioner or student the subject of the 7
hearing; and 8
(b) if the hearing related to a notification, the notifier. 9
(3) The notice given to the registered health practitioner or student must 10
state-- 11
(a) the decision made by the panel; and 12
(b) the reasons for the decision; and 13
(c) that the registered health practitioner or student may appeal 14
against the decision; and 15
(d) how an application for appeal may be made and the period within 16
which the application must be made. 17
(4) The notice to the notifier must include information about the decision 18
made by the panel but only to the extent the information is available on 19
the National Board's register. 20
Division 12 Referring matter to responsible tribunals 21
193 Matters to be referred to responsible tribunal 22
(1) A National Board must refer a matter about a registered health 23
practitioner or student to a responsible tribunal if-- 24
(a) for a registered health practitioner, the Board reasonably 25
believes, based on a notification or for any other reason-- 26
(i) the practitioner has behaved in a way that constitutes 27
professional misconduct; or 28
(ii) the practitioner's registration was improperly obtained 29
because the practitioner or someone else gave the Board 30
information or a document that was false or misleading in 31
a material particular; or 32
(b) for a registered health practitioner or student, a panel established 33
by the Board requires the Board to refer the matter to a 34
responsible tribunal. 35
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(2) The National Board must-- 1
(a) refer the matter to-- 2
(i) the responsible tribunal for the participating jurisdiction in 3
which the behaviour the subject of the matter occurred; or 4
(ii) if the behaviour occurred in more than one jurisdiction, the 5
responsible tribunal for the participating jurisdiction in 6
which the practitioner's principal place of practice is 7
located; and 8
(b) give written notice of the referral to the registered health 9
practitioner or student to whom the matter relates. 10
194 Parties to the proceedings 11
The parties to proceedings relating to a matter being heard by a 12
responsible tribunal are-- 13
(a) the registered health practitioner or student who is the subject of 14
the proceedings; and 15
(b) the National Board that referred the matter to the tribunal. 16
195 Costs 17
The responsible tribunal may make any order about costs it considers 18
appropriate for the proceedings. 19
196 Decision by responsible tribunal about registered health practitioner 20
(1) After hearing a matter about a registered health practitioner, a 21
responsible tribunal may decide-- 22
(a) the practitioner has no case to answer and no further action is to 23
be taken in relation to the matter; or 24
(b) one or more of the following-- 25
(i) the practitioner has behaved in a way that constitutes 26
unsatisfactory professional performance; 27
(ii) the practitioner has behaved in a way that constitutes 28
unprofessional conduct; 29
(iii) the practitioner has behaved in a way that constitutes 30
professional misconduct; 31
(iv) the practitioner has an impairment; 32
(v) the practitioner's registration was improperly obtained 33
because the practitioner or someone else gave the National 34
Board that registered the practitioner information or a 35
document that was false or misleading in a material 36
particular; or 37
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(2) If a responsible tribunal makes a decision referred to in subsection 1
(1)(b), the tribunal may decide to do one or more of the following-- 2
(a) caution or reprimand the practitioner; 3
(b) impose a condition on the practitioner's registration, including, 4
for example-- 5
(i) a condition requiring the practitioner to complete specified 6
further education or training, or to undergo counselling, 7
within a specified period; or 8
(ii) a condition requiring the practitioner to undertake a 9
specified period of supervised practice; or 10
(iii) a condition requiring the practitioner to do, or refrain from 11
doing, something in connection with the practitioner's 12
practice; or 13
(iv) a condition requiring the practitioner to manage the 14
practitioner's practice in a specified way; or 15
(v) a condition requiring the practitioner to report to a 16
specified person at specified times about the practitioner's 17
practice; or 18
(vi) a condition requiring the practitioner not to employ, 19
engage or recommend a specified person, or class of 20
persons, 21
(c) require the practitioner to pay a fine of not more than $30,000 to 22
the National Board that registers the practitioner; 23
(d) suspend the practitioner's registration for a specified period; 24
(e) cancel the practitioner's registration. 25
(3) If the responsible tribunal decides to impose a condition on the 26
practitioner's registration, the tribunal must also decide a review period 27
for the condition. 28
(4) If the tribunal decides to cancel a person's registration under this Law 29
or the person does not hold registration under this Law, the tribunal may 30
also decide to-- 31
(a) disqualify the person from applying for registration as a 32
registered health practitioner for a specified period; or 33
(b) prohibit the person from using a specified title or providing a 34
specified health service. 35
197 Decision by responsible tribunal about student 36
(1) After hearing a matter about a student, a responsible tribunal may 37
decide-- 38
(a) the student has an impairment; or 39
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(b) the student has no case to answer and no further action is to be 1
taken in relation to the matter. 2
(2) If the responsible tribunal decides the student has an impairment, the 3
tribunal may decide-- 4
(a) impose a condition on the student's registration; or 5
(b) suspend the student's registration. 6
198 Relationship with Act establishing responsible tribunal 7
This Division applies despite any provision to the contrary of the Act 8
that establishes the responsible tribunal but does not otherwise limit that 9
Act. 10
Division 13 Appeals 11
199 Appellable decisions 12
(1) A person who is the subject of any of the following decisions (an 13
appellable decision) may appeal against the decision to the appropriate 14
responsible tribunal for the appellable decision-- 15
(a) a decision by a National Board to refuse to register the person; 16
(b) a decision by a National Board to refuse to endorse the person's 17
registration; 18
(c) a decision by a National Board to refuse to renew the person's 19
registration; 20
(d) a decision by a National Board to refuse to renew the 21
endorsement of the person's registration; 22
(e) a decision by a National Board to impose or change a condition 23
on a person's registration or the endorsement of the person's 24
registration, other than-- 25
(i) a condition relating to the person's qualification for 26
general registration in the health profession; and 27
(ii) a condition imposed by section 112(3)(a); 28
(f) a decision by a National Board to refuse to change or remove a 29
condition imposed on the person's registration or the 30
endorsement of the person's registration; 31
(g) a decision by a National Board to refuse to change or revoke an 32
undertaking given by the person to the Board; 33
(h) a decision by a National Board to suspend the person's 34
registration; 35
(i) a decision by a panel to impose a condition on the person's 36
registration; 37
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(j) a decision by a health panel to suspend the person's registration; 1
(k) a decision by a performance and professional standards panel to 2
reprimand the person. 3
(2) For the purposes of subsection (1), the appropriate responsible tribunal 4
for an appellable decision is-- 5
(a) for a decision to take health, conduct or performance action in 6
relation to a registered health practitioner or student-- 7
(i) the responsible tribunal for the participating jurisdiction in 8
which the behaviour the subject of the decision occurred; 9
or 10
(ii) if the behaviour the subject of the decision occurred in 11
more than one jurisdiction, the responsible tribunal for the 12
participating jurisdiction in which the practitioner's 13
principal place of practice is located; or 14
(b) for another decision in relation to a registered health practitioner, 15
the responsible tribunal for the participating jurisdiction in which 16
the practitioner's principal place of practice is located; or 17
(c) for another decision in relation to a student, the responsible 18
tribunal for the participating jurisdiction in which the student is 19
undertaking the approved program of study or clinical training; or 20
(d) for a decision in relation to another person-- 21
(i) the responsible tribunal for the participating jurisdiction in 22
which the person lives, or 23
(ii) if the person does not live in a participating jurisdiction, 24
the responsible tribunal for the participating jurisdiction 25
nominated by the National Board that made the appellable 26
decision and specified in the notice given to the person of 27
the appellable decision. 28
200 Parties to the proceedings 29
The parties to proceedings relating to an appellable decision being heard 30
by a responsible tribunal are-- 31
(a) the person who is the subject of the appellable decision; and 32
(b) the National Board that-- 33
(i) made the appellable decision; or 34
(ii) established the panel that made the appellable decision. 35
201 Costs 36
The responsible tribunal may make any order about costs it considers 37
appropriate for the proceedings. 38
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202 Decision 1
(1) After hearing the matter, the responsible tribunal may-- 2
(a) confirm the appellable decision; or 3
(b) amend the appellable decision; or 4
(c) substitute another decision for the appellable decision. 5
(2) In substituting another decision for the appellable decision, the 6
responsible tribunal has the same powers as the entity that made the 7
appellable decision. 8
203 Relationship with Act establishing responsible tribunal 9
This Division applies despite any provision to the contrary of the Act 10
that establishes the responsible tribunal but does not otherwise limit that 11
Act. 12
Division 14 Miscellaneous 13
204 Notice from adjudication body 14
(1) If an adjudication body, other than a court, makes a decision in relation 15
to a health practitioner or student registered in a health profession, it 16
must give written notice of the decision to the National Board 17
established for the profession. 18
(2) The notice must state-- 19
(a) the decision made by the adjudication body; and 20
(b) the reasons for the decision; and 21
(c) the date the decision takes effect; and 22
(d) any action the National Board must take to give effect to the 23
decision. 24
205 Implementation of decisions 25
(1) A National Board must give effect to a decision of an adjudication body 26
unless the decision is stayed on appeal. 27
(2) Without limiting subsection (1), the National Board must, if the notice 28
given to the Board states that a health practitioner's or student's 29
registration is cancelled, remove the practitioner's or student's name 30
from the appropriate register kept by the Board. 31
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206 National Board to give notice to registered health practitioner's 1
employer 2
(1) This section applies if-- 3
(a) a National Board-- 4
(i) decides to take health, conduct or performance action 5
against a registered health practitioner; or 6
(ii) receives notice from an adjudication body that the 7
adjudication body has decided to take health, conduct or 8
performance action against a registered health practitioner; 9
or 10
(iii) receives notice from a co-regulatory authority that an 11
adjudication body in the co-regulatory jurisdiction has 12
decided to take health, conduct or performance action 13
against a registered health practitioner; and 14
(b) the National Board has been advised by the registered health 15
practitioner that the practitioner is employed by another entity. 16
Note. Under section 132, a National Board may ask a registered health 17
practitioner to give the Board information about whether or not the practitioner 18
is employed by another entity and, if so, for the employer's details. 19
(2) The National Board must, as soon as practicable after making the 20
decision or receiving the notice, give written notice of the decision to 21
take health, conduct or performance action against the registered health 22
practitioner to the practitioner's employer. 23
207 Effect of suspension 24
If a person's registration as a health practitioner or student is suspended 25
under this Law the person is taken during the period of suspension not 26
to be registered under this Law, other than for the purposes of this Part. 27
Part 9 Finance 28
208 Australian Health Practitioner Regulation Agency Fund 29
(1) The Australian Health Practitioner Regulation Agency Fund is 30
established. 31
(2) The Agency Fund is to have a separate account for each National Board. 32
(3) The Agency Fund is a fund to be administered by the National Agency. 33
(4) The National Agency may establish accounts with any financial 34
institution for money in the Agency Fund. 35
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(5) The Agency Fund does not form part of the consolidated fund or 1
consolidated account of a participating jurisdiction or the 2
Commonwealth. 3
209 Payments into Agency Fund 4
(1) There is payable into the Agency Fund-- 5
(a) all money appropriated by the Parliament of any participating 6
jurisdiction or the Commonwealth for the purposes of the Fund; 7
and 8
(b) all fees, costs and expenses paid or recovered under this Law; and 9
(c) all fines paid to, or recovered by, a National Board in accordance 10
with an order of an adjudication body; and 11
(d) the proceeds of the investment of money in the Fund; and 12
(e) all grants, gifts and donations made to the National Agency or a 13
National Board, but subject to any trusts declared in relation to 14
the grants, gifts or donations; and 15
(f) all money directed or authorised to be paid into the Fund by or 16
under this Law, any law of a participating jurisdiction or any law 17
of the Commonwealth; and 18
(g) any other money or property received by the National Agency or 19
a National Board in connection with the exercise of its functions. 20
(2) Any money paid into the Agency Fund under subsection (1) for or on 21
behalf of a National Board must be paid into the Board's account kept 22
within the Agency Fund. 23
210 Payments out of Agency Fund 24
(1) Payments may be made from the Agency Fund for the purpose of-- 25
(a) paying any costs or expenses, or discharging any liabilities, 26
incurred in the administration or enforcement of this Law; and 27
(b) making payments to co-regulatory authorities; and 28
(c) any other payments recommended by the National Board or 29
National Agency and approved by the Ministerial Council. 30
(2) Without limiting subsection (1)(a), a payment may be made from the 31
Agency Fund to a responsible tribunal to meet the expenses of the 32
responsible tribunal in performing functions under this Law. 33
(3) A payment under subsection (1) may be made from a National Board's 34
account kept within the Agency Fund only if the payment is in 35
accordance with the Board's budget or otherwise approved by the 36
Board. 37
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211 Investment of money in Agency Fund 1
(1) Subject to this section, the National Agency may invest money in the 2
Agency Fund in the way it considers appropriate. 3
(2) The National Agency may invest money in a National Board's account 4
kept within the Agency Fund only if the Agency has consulted the 5
Board about the investment. 6
(3) An investment under this section must be-- 7
(a) in Australian money; and 8
(b) undertaken in Australia. 9
(4) The National Agency must use its best efforts to invest money in the 10
Agency Fund in a way it considers is most appropriate in all the 11
circumstances. 12
(5) The National Agency must keep records that show it has invested in the 13
way most appropriate in the circumstances. 14
(6) A security, safe custody acknowledgment or other document 15
evidencing title accepted, guaranteed or issued for an investment 16
arrangement must be held by the National Agency. 17
212 Financial management duties of National Agency and National Boards 18
(1) The National Agency must-- 19
(a) ensure that its operations are carried out efficiently, effectively 20
and economically; and 21
(b) keep proper books and records in relation to the Agency Fund; 22
and 23
(c) ensure that expenditure is made from the Agency Fund for lawful 24
purposes only and, as far as possible, reasonable value is obtained 25
for moneys expended from the Fund; and 26
(d) ensure that its procedures, including internal control procedures, 27
afford adequate safeguards with respect to-- 28
(i) the correctness, regularity and propriety of payments made 29
from the Agency Fund; and 30
(ii) receiving and accounting for payments made to the 31
Agency Fund; and 32
(iii) prevention of fraud or mistake; and 33
(e) take any action necessary to ensure the preparation of accurate 34
financial statements in accordance with Australian Accounting 35
Standards for inclusion in its annual report; and 36
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(f) take any action necessary to facilitate the audit of those financial 1
statements in accordance with this Law; and 2
(g) arrange for any further audit by a qualified person of the books 3
and records kept by the National Agency in relation to the 4
Agency Fund, if directed to do so by the Ministerial Council. 5
(2) A National Board must-- 6
(a) ensure that its operations are carried out efficiently, effectively 7
and economically; and 8
(b) take any action necessary to ensure that the National Agency is 9
able to comply with this section in relation to the funding of the 10
National Board in exercising its functions. 11
Part 10 Information and privacy 12
Division 1 Privacy 13
213 Application of Commonwealth Privacy Act 14
(1) The Privacy Act applies as a law of a participating jurisdiction for the 15
purposes of the national registration and accreditation scheme. 16
(2) For the purposes of subsection (1), the Privacy Act applies-- 17
(a) as if a reference to the Office of the Privacy Commissioner were 18
a reference to the Office of the National Health Practitioners 19
Privacy Commissioner; and 20
(b) as if a reference to the Privacy Commissioner were a reference to 21
the National Health Practitioners Privacy Commissioner; and 22
(c) with any other modifications made by the regulations. 23
(3) Without limiting subsection (2)(c), the regulations may-- 24
(a) provide that the Privacy Act applies under subsection (1) as if a 25
provision of the Privacy Act specified in the regulations were 26
omitted; or 27
(b) provide that the Privacy Act applies under subsection (1) as if an 28
amendment to the Privacy Act made by a law of the 29
Commonwealth, and specified in the regulations, had not taken 30
effect; or 31
(c) confer jurisdiction on a tribunal or court of a participating 32
jurisdiction. 33
(4) In this section-- 34
Privacy Act means the Privacy Act 1988 of the Commonwealth, as in 35
force from time to time. 36
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Division 2 Disclosure of information and confidentiality 1
214 Definition 2
In this Division-- 3
protected information means information that comes to a person's 4
knowledge in the course of, or because of, the person exercising 5
functions under this Law. 6
215 Application of Commonwealth FOI Act 7
(1) The FOI Act applies as a law of a participating jurisdiction for the 8
purposes of the national registration and accreditation scheme. 9
(2) The regulations under this Law may modify the FOI Act for the 10
purposes of this Law. 11
(3) Without limiting subsection (2), the regulations may-- 12
(a) provide that the FOI Act applies under subsection (1) as if a 13
provision of the FOI Act specified in the regulations were 14
omitted; or 15
(b) provide that the FOI Act applies under subsection (1) as if an 16
amendment to the FOI Act made by a law of the Commonwealth, 17
and specified in the regulations, had not taken effect; or 18
(c) confer jurisdiction on a tribunal or court of a participating 19
jurisdiction. 20
(4) In this section-- 21
FOI Act means the Freedom of Information Act 1982 of the 22
Commonwealth, as in force from time to time. 23
216 Duty of confidentiality 24
(1) A person who is, or has been, a person exercising functions under this 25
Law must not disclose to another person protected information. 26
Maximum penalty-- 27
(a) in the case of an individual--$5,000; or 28
(b) in the case of a body corporate--$10,000. 29
(2) However, subsection (1) does not apply if-- 30
(a) the information is disclosed in the exercise of a function under, or 31
for the purposes of, this Law; or 32
(b) the disclosure-- 33
(i) is to a co-regulatory authority; or 34
(ii) is authorised or required by any law of a participating 35
jurisdiction; or 36
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(c) the disclosure is otherwise required or permitted by law; or 1
(d) the disclosure is with the agreement of the person to whom the 2
information relates; or 3
(e) the disclosure is in a form that does not identify the identity of a 4
person; or 5
(f) the information relates to proceedings before a responsible 6
tribunal and the proceedings are or were open to the public; or 7
(g) the information is, or has been, accessible to the public, including 8
because it is or was recorded in a National Register; or 9
(h) the disclosure is otherwise authorised by the Ministerial Council. 10
217 Disclosure of information for workforce planning 11
(1) The Ministerial Council may, by written notice given to a National 12
Board, ask the Board for information required by the Council for 13
planning the workforce of health practitioners, or a class of 14
practitioners, in Australia or a part of Australia. 15
(2) If a National Board receives a request under subsection (1), the Board 16
may, by written notice given to health practitioners registered by the 17
Board, ask the practitioners for information relevant to the request. 18
(3) A registered health practitioner who is asked to provide information 19
under subsection (2) may, but is not required to, provide the 20
information. 21
(4) The National Board-- 22
(a) must give information received from a registered health 23
practitioner to the Ministerial Council in a way that does not 24
identify any registered health practitioner; and 25
(b) must not use information received under this section that 26
identifies a registered health practitioner for any other purpose. 27
(5) The Ministerial Council must publish information it receives under this 28
section in a way that is timely and ensures it is accessible to the public. 29
218 Disclosure of information for information management and 30
communication purposes 31
(1) A person may disclose protected information to an information 32
management agency if the disclosure is in accordance with an 33
authorisation given by the Ministerial Council under subsection (2). 34
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(2) The Ministerial Council may authorise the disclosure of protected 1
information to an information management agency if the Council is 2
satisfied-- 3
(a) the protected information will be collected, stored and used by 4
the information management agency in a way that ensures the 5
privacy of the persons to whom it relates is protected; and 6
(b) the provision of the protected information to the information 7
management agency is necessary to enable the agency to exercise 8
its functions. 9
(3) An authorisation under subsection (2)-- 10
(a) may apply to protected information generally or a class of 11
protected information; and 12
(b) may be subject to conditions. 13
(4) In this section-- 14
information management agency means a Commonwealth, State or 15
Territory agency that has functions relating to the identification of 16
health practitioners for information management and communication 17
purposes, including, for example, the National E-health Transition 18
Authority. 19
219 Disclosure of information to other Commonwealth, State and Territory 20
entities 21
(1) A person exercising functions under this Law may disclose protected 22
information to the following entities-- 23
(a) the chief executive officer under the Medicare Australia Act 1973 24
of the Commonwealth; 25
(b) an entity performing functions under the Health Insurance Act 26
1973 of the Commonwealth; 27
(c) the Secretary within the meaning of the National Health Act 1953 28
of the Commonwealth; 29
(d) the Secretary to the Department in which the Migration Act 1958 30
of the Commonwealth is administered; 31
(e) another Commonwealth, State or Territory entity having 32
functions relating to professional services provided by health 33
practitioners or the regulation of health practitioners. 34
(2) However, a person may disclose protected information under 35
subsection (1) only if the person is satisfied-- 36
(a) the protected information will be collected, stored and used by 37
the entity to which it is disclosed in a way that ensures the privacy 38
of the persons to whom it relates is protected; and 39
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(b) the provision of the protected information to the entity is 1
necessary to enable the entity to exercise its functions. 2
220 Disclosure to protect health or safety of patients or other persons 3
(1) This section applies if a National Board reasonably believes that-- 4
(a) a registered health practitioner poses, or may pose, a risk to 5
public health; or 6
(b) the health or safety of a patient or a class of patients is or may be 7
at risk because of a registered health practitioner's practice as a 8
health practitioner. 9
(2) The National Board may give written notice of the risk and any relevant 10
information about the registered health practitioner to an entity of the 11
Commonwealth or of a State or Territory that the Board considers may 12
be required to take action in relation to the risk. 13
221 Disclosure to registration authorities 14
A person exercising functions under this Law may disclose protected 15
information to a registration authority if the disclosure is necessary for 16
the authority to exercise its functions. 17
Division 3 Registers in relation to registered health 18
practitioner 19
222 National Registers 20
(1) Each of the following National Boards must, in conjunction with the 21
National Agency-- 22
(a) keep the public national register listed beside that Board in the 23
following Table that is to include the names of all health 24
practitioners, other than specialist health practitioners, currently 25
registered by the Board; and 26
(b) if Divisions are listed beside the public national register in the 27
Table, keep the register in a way that ensures it includes those 28
Divisions. 29
(2) In addition, each National Board must keep a public national register 30
that is to include the names of all health practitioners, other than 31
specialist health practitioners, who were registered by the Board and 32
whose registration has been cancelled by an adjudication body. 33
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Table-- Public national registers 1
Name of Board Name of public Divisions of public
national register national register
Aboriginal and Torres Register of Aboriginal
Strait Islander Health and Torres Strait
Practice Board of Islander Health
Australia Practitioners
Chinese Medicine Board Register of Chinese Acupuncturists, Chinese
of Australia Medicine Practitioners herbal medicine
practitioners, Chinese
herbal dispensers
Chiropractic Board of Register of
Australia Chiropractors
Dental Board of Register of Dental Dentists, Dental
Australia Practitioners therapists, Dental
hygienists, Dental
prosthetists, Oral health
therapists
Medical Board of Register of Medical
Australia Practitioners
Medical Radiation Register of Medical Diagnostic
Practice Board of Radiation Practitioners radiographers, Nuclear
Australia medicine technologists,
Radiation therapists
Nursing and Midwifery Register of Nurses Registered nurses
Board of Australia (Division 1), Enrolled
nurses (Division 2)
Register of Midwives
Occupational Therapy Register of
Board of Australia Occupational Therapists
Optometry Board of Register of Optometrists
Australia
Osteopathy Board of Register of Osteopaths
Australia
Pharmacy Board of Register of Pharmacists
Australia
Physiotherapy Board of Register of
Australia Physiotherapists
Podiatry Board of Register of Podiatrists
Australia
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Name of Board Name of public Divisions of public
national register national register
Psychology Board of Register of
Australia Psychologists
223 Specialists Registers 1
The National Board established for a health profession for which 2
specialist recognition operates under this Law must, in conjunction with 3
the National Agency, keep-- 4
(a) a public national specialists register that includes the names of all 5
specialist health practitioners currently registered by the Board; 6
and 7
(b) a public national register that includes the names of all specialist 8
health practitioners whose registration has been cancelled by an 9
adjudication body. 10
224 Way registers are to be kept 11
Subject to this Division, a register a National Board is required to keep 12
under this Division must be kept-- 13
(a) in a way that ensures it is up-to-date and accurate; and 14
(b) otherwise in the way the National Agency considers appropriate. 15
225 Information to be recorded in National Register 16
A National Register or Specialists Register must include the following 17
information for each registered health practitioner whose name is 18
included in the register-- 19
(a) the practitioner's sex; 20
(b) the suburb and postcode of the practitioner's principal place of 21
practice; 22
(c) the registration number or code given to the practitioner by the 23
National Board; 24
(d) the date on which the practitioner was first registered in the health 25
profession in Australia, whether under this Law or a 26
corresponding prior Act; 27
(e) the date on which the practitioner's registration expires; 28
(f) the type of registration held by the practitioner; 29
(g) if the register includes divisions, the division in which the 30
practitioner is registered; 31
(h) if the practitioner holds specialist registration, the recognised 32
specialty in which the practitioner is registered; 33
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(i) if the practitioner holds limited registration, the purpose for 1
which the practitioner is registered; 2
(j) if the practitioner has been reprimanded, the fact that the 3
practitioner has been reprimanded; 4
(k) if a condition has been imposed on the practitioner's registration 5
or the National Board has entered into an undertaking with the 6
practitioner-- 7
(i) if section 226(1) applies, the fact that a condition has been 8
imposed or an undertaking accepted; or 9
(ii) otherwise, details of the condition or undertaking; 10
(l) if the practitioner's registration is suspended, the fact that the 11
practitioner's registration has been suspended and, if the 12
suspension is for a specified period, the period during which the 13
suspension applies; 14
(m) if the practitioner's registration has been endorsed, details of the 15
endorsement; 16
(n) details of any qualifications relied on by the practitioner to obtain 17
registration or to have the practitioner's registration endorsed; 18
(o) if the practitioner has advised the National Board the practitioner 19
fluently speaks a language other than English, details of the other 20
language spoken; 21
(p) any other information the National Board considers appropriate. 22
226 National Board may decide not to include or to remove certain 23
information in register 24
(1) A National Board may decide that a condition imposed on a registered 25
health practitioner's registration, or the details of an undertaking 26
accepted from a registered health practitioner, because the practitioner 27
has an impairment is not to be recorded in its National Register or 28
Specialists Register if-- 29
(a) it is necessary to protect the practitioner's privacy; and 30
(b) there is no overriding public interest for the condition or the 31
details of the undertaking to be recorded. 32
(2) A National Board may decide that information relating to a registered 33
health practitioner is not to be recorded in its National Register or 34
Specialists Register if-- 35
(a) the practitioner asks the Board not to include the information in 36
the register; and 37
(b) the Board reasonably believes the inclusion of the information in 38
the register would present a serious risk to the health or safety of 39
the practitioner. 40
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(3) A National Board may decide to remove information that a registered 1
health practitioner has been reprimanded from the National Register or 2
Specialists Register if it considers it is no longer necessary or 3
appropriate for the information to be recorded on the Register. 4
227 Register about former registered health practitioners 5
A register kept by a National Board under section 222(2) or 223(b) must 6
include the following information for each health practitioner whose 7
registration was cancelled by an adjudication body-- 8
(a) the fact that the practitioner's registration was cancelled by an 9
adjudication body; 10
(b) the grounds on which the practitioner's registration was 11
cancelled; 12
(c) if the adjudication body's hearing of the matter was open to the 13
public, details of the conduct that formed the basis of the 14
cancellation. 15
228 Inspection of registers 16
(1) The National Agency-- 17
(a) must keep each register kept by a National Board under this 18
Division open for inspection, free of charge, by members of the 19
public-- 20
(i) at its national office and each of its local offices during 21
ordinary office hours; and 22
(ii) on the Agency's website; and 23
(b) must give a person an extract from the register on payment of the 24
relevant fee; and 25
(c) may give a person a copy of the register on payment of the 26
relevant fee. 27
(2) The National Agency may give a person a copy of the register under 28
subsection (1)(c) only if the Agency is satisfied it would be in the public 29
interest to do so. 30
(3) The National Agency may waive, wholly or partly, the payment of a fee 31
by a person under subsection (1)(b) or (c) if the Agency considers it 32
appropriate in the circumstances. 33
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Division 4 Student registers 1
229 Student registers 2
(1) Each National Board must, in conjunction with the National Agency, 3
keep a student register that includes the name of all persons currently 4
registered as students by the Board. 5
(2) A student register is not to be open to inspection by the public. 6
230 Information to be recorded in student register 7
(1) Subject to this Division, a student register kept by a National Board 8
must be kept in the way the National Agency considers appropriate. 9
(2) A student register kept by a National Board must include the following 10
information for each student whose name is included in the register-- 11
(a) the student's name; 12
(b) the student's date of birth; 13
(c) the student's sex; 14
(d) the student's mailing address and any other contact details; 15
(e) the name of the education provider that is providing the approved 16
program of study being undertaken by the student; 17
(f) the date on which the student was first registered, whether under 18
this law or a corresponding prior Act; 19
(g) the date on which the student started the approved program of 20
study; 21
(h) the date on which the student is expected to complete the 22
approved program of study; 23
(i) if the student has completed or otherwise ceased to be enrolled in 24
the approved program of study, the date of the completion or 25
cessation; 26
(j) if a condition has been imposed on the student's registration, 27
details of the condition; 28
(k) if the Board accepts an undertaking from the student, details of 29
the undertaking; 30
(l) any other information the Board considers appropriate. 31
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Division 5 Other records 1
231 Other records to be kept by National Boards 2
A National Board must keep a record of the following information for 3
each health practitioner it registers-- 4
(a) information that identifies the practitioner; 5
(b) the practitioner's contact details; 6
(c) information about the practitioner's registration or endorsement; 7
(d) information about any previous registration of the practitioner, 8
whether in Australia or overseas; 9
(e) information about any notification made about the practitioner 10
and any investigation and health, conduct or performance action 11
taken as a result of the notification; 12
(f) information about the practitioner's professional indemnity 13
insurance arrangements; 14
(g) information about checks carried out by the Board about the 15
practitioner's criminal history and identity, including the nature 16
of the check carried out, when it was carried out and the nature of 17
the information provided by the check. 18
232 Record of adjudication decisions to be kept and made publicly available 19
(1) A National Board is to keep and publish on its website a record of 20
decisions made by-- 21
(a) panels established by the Board; and 22
(b) responsible tribunals that relate to registered health practitioners 23
or students registered by the Board. 24
(2) The record is to be kept-- 25
(a) in a way that does not identify persons involved in the matter, 26
unless the decision was made by a responsible tribunal and the 27
hearing was open to the public; and 28
(b) otherwise in the way decided by the National Board. 29
Division 6 Unique identifier 30
233 Unique identifier to be given to each registered health practitioner 31
(1) This section applies if-- 32
(a) a National Board registers a person in the health profession for 33
which the Board is established; and 34
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(b) the person has not previously been registered by that Board or 1
any other National Board. 2
(2) The National Board must, at the time of registering the person, give the 3
person an identifying number or code (a unique identifier) that is 4
unique to the person. 5
(3) The National Board must keep a record of the unique identifier given to 6
the person. 7
(4) If the person is subsequently registered by the National Board or 8
another Board the person is to continue to be identified by the unique 9
identifier given to the person under subsection (2). 10
Part 11 Miscellaneous 11
Division 1 Provisions relating to persons exercising 12
functions under Law 13
234 General duties of persons exercising functions under this Law 14
(1) A person exercising functions under this Law must, when exercising the 15
functions, act honestly and with integrity. 16
(2) A person exercising functions under this Law must exercise the 17
person's functions under this Law-- 18
(a) in good faith; and 19
(b) in a financially responsible manner; and 20
(c) with a reasonable degree of care, diligence and skill. 21
(3) A person exercising functions under this Law must not make improper 22
use of the person's position or of information that comes to the person's 23
knowledge in the course of, or because of, the person's exercise of the 24
functions-- 25
(a) to gain an advantage for himself or herself or another person; or 26
(b) to cause a detriment to the development, implementation or 27
operation of the national registration and accreditation scheme. 28
235 Application of Commonwealth Ombudsman Act 29
(1) The Ombudsman Act applies as a law of a participating jurisdiction for 30
the purposes of the national registration and accreditation scheme. 31
(2) For the purposes of subsection (1), the Ombudsman Act applies-- 32
(a) as if a reference to the Commonwealth Ombudsman were a 33
reference to the National Health Practitioners Ombudsman; and 34
(b) with any other modifications made by the regulations. 35
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(3) Without limiting subsection (2), the regulations may-- 1
(a) provide that the Ombudsman Act applies under subsection (1) as 2
if a provision of the Ombudsman Act specified in the regulations 3
were omitted; or 4
(b) provide that the Ombudsman Act applies under subsection (1) as 5
if an amendment to the Ombudsman Act made by a law of the 6
Commonwealth, and specified in the regulations, had not taken 7
effect; or 8
(c) confer jurisdiction on a tribunal or court of a participating 9
jurisdiction. 10
(4) In this section-- 11
Ombudsman Act means the Ombudsman Act 1976 of the 12
Commonwealth, as in force from time to time. 13
236 Protection from personal liability for persons exercising functions 14
(1) A protected person is not personally liable for anything done or omitted 15
to be done in good faith-- 16
(a) in the exercise of a function under this Law; or 17
(b) in the reasonable belief that the act or omission was the exercise 18
of a function under this Law. 19
(2) Any liability resulting from an act or omission that would, but for 20
subsection (1), attach to a protected person attaches instead to the 21
National Agency. 22
(3) In this section-- 23
protected person means any of the following-- 24
(a) a member of the Advisory Council; 25
(b) a member of the Agency Management Committee; 26
(c) a member of a National Board or a committee of the National 27
Board; 28
(d) a member of an external accreditation entity; 29
(e) a member of the staff of the National Agency; 30
(f) a consultant or contractor engaged by the National Agency; 31
(g) a person appointed by the National Agency to conduct an 32
examination or assessment for a National Board; 33
(h) a person employed or engaged by an external accreditation entity 34
to assist it with its accreditation function. 35
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237 Protection from liability for persons making notification or otherwise 1
providing information 2
(1) This section applies to a person who, in good faith-- 3
(a) makes a notification under this Law; or 4
(b) gives information in the course of an investigation or for another 5
purpose under this Law to a person exercising functions under 6
this Law. 7
(2) The person is not liable, civilly, criminally or under an administrative 8
process, for giving the information. 9
(3) Without limiting subsection (2)-- 10
(a) the making of the notification or giving of the information does 11
not constitute a breach of professional etiquette or ethics or a 12
departure from accepted standards of professional conduct; and 13
(b) no liability for defamation is incurred by the person because of 14
the making of the notification or giving of the information. 15
(4) The protection given to the person by this section extends to-- 16
(a) a person who, in good faith, provided the person with any 17
information on the basis of which the notification was made or 18
the information was given; and 19
(b) a person who, in good faith, was otherwise concerned in the 20
making of the notification or giving of the information. 21
Division 2 Inspectors 22
238 Functions and powers of inspectors 23
(1) An inspector has the function of conducting investigations to enforce 24
compliance with this Law. 25
(2) Schedule 6 sets out provisions relating to the powers of an inspector. 26
239 Appointment of inspectors 27
(1) A National Board may appoint the following persons as inspectors-- 28
(a) members of the National Agency's staff; 29
(b) contractors engaged by the National Agency. 30
(2) An inspector holds office on the conditions stated in the instrument of 31
appointment. 32
(3) If an inspector's appointment provides for a term of appointment, the 33
inspector ceases holding office at the end of the term. 34
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(4) An inspector may resign by signed notice of resignation given to the 1
National Board that appointed the inspector. 2
240 Identity card 3
(1) A National Board must give an identity card to each inspector it 4
appoints. 5
(2) The identity card must-- 6
(a) contain a recent photograph of the inspector; and 7
(b) be signed by the inspector; and 8
(c) identify the person as an inspector appointed by the National 9
Board; and 10
(d) include an expiry date. 11
(3) This section does not prevent the issue of a single identity card to a 12
person-- 13
(a) if the person is appointed as an inspector for this Law by more 14
than one National Board; or 15
(b) if the person is appointed as an inspector and investigator for this 16
Law by a National Board; or 17
(c) for this Law and other Acts. 18
(4) A person who ceases to be an inspector must give the person's identity 19
card to the National Board that appointed the person within 7 days after 20
the person ceases to be an inspector, unless the person has a reasonable 21
excuse. 22
241 Display of identity card 23
(1) An inspector may exercise a power in relation to someone else (the 24
other person) only if the inspector-- 25
(a) first produces the inspector's identity card for the other person's 26
inspection; or 27
(b) has the identity card displayed so it is clearly visible to the other 28
person. 29
(2) However, if for any reason it is not practicable to comply with 30
subsection (1) before exercising the power, the inspector must produce 31
the identity card for the other person's inspection at the first reasonable 32
opportunity. 33
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Division 3 Legal proceedings 1
242 Proceedings for offences 2
A proceeding for an offence against this Law is to be by way of a 3
summary proceeding before a court of summary jurisdiction. 4
243 Conduct may constitute offence and be subject of disciplinary 5
proceedings 6
(1) If a person's behaviour constitutes an offence against this Law or 7
another Act and constitutes professional misconduct, unsatisfactory 8
professional performance or unprofessional conduct under this Law-- 9
(a) the fact that proceedings for an offence have been taken in 10
relation to the behaviour does not prevent proceedings being 11
taken before an adjudication body under this Law for the same 12
behaviour; and 13
(b) the fact that proceedings have been taken before an adjudication 14
body under this Law in relation to the conduct does not prevent 15
proceedings for an offence being taken for the same behaviour. 16
(2) If a person's behaviour may be dealt with by a health complaints entity 17
under the law of a participating jurisdiction and constitutes professional 18
misconduct, unsatisfactory professional performance or unprofessional 19
conduct under this Law-- 20
(a) the fact that the behaviour has been dealt with by the health 21
complaints entity does not prevent proceedings being taken 22
before an adjudication body under this Law for the same 23
behaviour; and 24
(b) the fact that proceedings have been taken before an adjudication 25
body under this Law in relation to the behaviour does not prevent 26
action being taken by the health complaints entity under the law 27
of the participating jurisdiction for the same behaviour. 28
244 Evidentiary certificates 29
A certificate purporting to be signed by the chief executive officer of the 30
National Agency and stating any of the following matters is prima facie 31
evidence of the matter-- 32
(a) a stated document is one of the following things made, given, 33
issued or kept under this Law-- 34
(i) an appointment, approval or decision; 35
(ii) a notice, direction or requirement; 36
(iii) a certificate of registration; 37
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(iv) a register, or an extract from a register; 1
(v) a record, or an extract from a record; 2
(b) a stated document is another document kept under this Law; 3
(c) a stated document is a copy of a document mentioned in 4
paragraph (a) or (b); 5
(d) on a stated day, or during a stated period, a stated person was or 6
was not a registered health practitioner or a student; 7
(e) on a stated day, or during a stated period, a registration or 8
endorsement was or was not subject to a stated condition; 9
(f) on a stated day, a registration was suspended or cancelled; 10
(g) on a stated day, or during a stated period, an appointment as an 11
investigator or inspector was, or was not, in force for a stated 12
person; 13
(h) on a stated day, a stated person was given a stated notice or 14
direction under this Law; 15
(i) on a stated day, a stated requirement was made of a stated person. 16
Division 4 Regulations 17
245 National regulations 18
(1) The Ministerial Council may make regulations for the purposes of this 19
Law. 20
(2) The regulations may provide for any matter that is necessary or 21
convenient to be prescribed for carrying out or giving effect to this Law. 22
(3) The regulations are to be published by the Victorian Government 23
Printer in accordance with the arrangements for the publication of the 24
making of regulations in Victoria. 25
(4) A regulation commences on the day or days specified in the regulation 26
for its commencement (being not earlier than the date it is published). 27
(5) In this section-- 28
Victorian Government Printer means the person appointed to be the 29
Government Printer for Victoria under section 72 of the Constitution 30
Act 1975 of Victoria. 31
246 Parliamentary scrutiny of national regulations 32
(1) A regulation made under this Law may be disallowed in a participating 33
jurisdiction by a House of the Parliament of that jurisdiction-- 34
(a) in the same way that a regulation made under an Act of that 35
jurisdiction may be disallowed; and 36
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(b) as if the regulation had been tabled in the House on the first 1
sitting day after the regulation was published by the Victorian 2
Government Printer. 3
(2) A regulation disallowed under subsection (1) does not cease to have 4
effect in the participating jurisdiction, or any other participating 5
jurisdiction, unless the regulation is disallowed in a majority of the 6
participating jurisdictions. 7
(3) If a regulation is disallowed in a majority of the participating 8
jurisdictions, it ceases to have effect in all participating jurisdictions on 9
the date of its disallowance in the last of the jurisdictions forming the 10
majority. 11
(4) In this section-- 12
regulation includes a provision of a regulation. 13
247 Effect of disallowance of national regulation 14
(1) The disallowance of a regulation in a majority of jurisdictions has the 15
same effect as a repeal of the regulation. 16
(2) If a regulation ceases to have effect under section 246 any law or 17
provision of a law repealed or amended by the regulation is revived as 18
if the disallowed regulation had not been made. 19
(3) The restoration or revival of a law under subsection (2) takes effect at 20
the beginning of the day on which the disallowed regulation by which it 21
was amended or repealed ceases to have effect. 22
(4) In this section-- 23
regulation includes a provision of a regulation. 24
Division 5 Miscellaneous 25
248 Combined notice may be given 26
If an entity is required under this Law to give another entity (the 27
recipient) notices under more than one provision, the entity may give 28
the recipient a combined notice for the provisions. 29
249 Fees 30
The National Agency may, in accordance with a health profession 31
agreement entered into with a National Board-- 32
(a) refund a relevant fee paid into the Board's account kept in the 33
Agency Fund; or 34
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(b) waive, in whole or in part, a relevant fee payable for a service 1
provided by the Board; or 2
(c) require a person who pays a relevant fee late to pay an additional 3
fee. 4
Part 12 Transitional provisions 5
Division 1 Preliminary 6
250 Definitions 7
In this Part-- 8
commencement day means 1 July 2010. 9
local registration authority means an entity that had functions under a 10
law of a participating jurisdiction that included the registration of 11
persons as health practitioners. 12
participation day, for a participating jurisdiction, means-- 13
(a) for a health profession other than a relevant health profession-- 14
(i) 1 July 2010; or 15
(ii) the later day on which the jurisdiction became a 16
participating jurisdiction; or 17
(b) for a relevant health profession, 1 July 2012. 18
relevant health profession means-- 19
(a) Aboriginal and Torres Strait Islander health practice; or 20
(b) Chinese medicine; or 21
(c) medical radiation practice; or 22
(d) occupational therapy. 23
repealed Law means the Health Practitioner Regulation 24
(Administrative Arrangements) National Law set out in the Schedule to 25
the Health Practitioner Regulation (Administrative Arrangements) 26
National Law Act 2008 of Queensland. 27
251 References to registered health practitioners 28
(1) A reference in an Act of a participating jurisdiction, or another 29
instrument, to the Health Practitioner Regulation (Administrative 30
Arrangements) National Law may, if the context permits, be taken to be 31
a reference to this Law. 32
(2) A reference in an Act of a participating jurisdiction, or another 33
instrument, to a health practitioner registered in a health profession 34
under a corresponding prior Act may, if the context permits, be taken 35
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after the participation day to be a reference to a health practitioner 1
registered in the health profession under this Law. 2
Division 2 Ministerial Council 3
252 Directions given by Ministerial council 4
A direction given by the Ministerial Council to the National Agency or 5
a National Board under the repealed Law, and in force immediately 6
before the commencement day, is taken from the commencement day to 7
be a direction given by the Ministerial Council under this Law. 8
253 Accreditation functions exercised by existing accreditation entities 9
(1) This section applies to an entity that, immediately before the 10
commencement day, was an entity appointed by the Ministerial Council 11
under the repealed Law to exercise functions with respect to 12
accreditation for a health profession under the national registration and 13
accreditation scheme. 14
(2) From the commencement day, the entity is taken to have been appointed 15
under this Law to exercise the functions for the health profession. 16
(3) An accreditation standard approved by the entity for a health profession, 17
and in force immediately before the commencement day, is taken to be 18
an approved accreditation standard for the health profession under this 19
Law. 20
(4) The National Board established for the health profession must, not later 21
than 3 years after the commencement day, review the arrangements for 22
the exercise of accreditation functions for the health profession. 23
(5) The National Board must ensure the process for the review includes 24
wide-ranging consultation about the arrangements for the exercise of 25
the accreditation functions. 26
(6) If an entity is taken under subsection (2) to have been appointed to 27
exercise an accreditation function for a health profession, the National 28
Board established for the profession must not, before the day that is 29
3 years after the commencement day, end that entity's appointment. 30
254 Health profession standards approved by Ministerial Council 31
A health profession standard approved by the Ministerial Council under 32
the repealed Law is taken from the commencement day to be an 33
approved registration standard under this Law. 34
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255 Accreditation standards approved by National Board 1
An accreditation standard approved by a National Board under the 2
repealed Law is taken from the commencement day to be an approved 3
accreditation standard under this Law. 4
Division 3 Advisory Council 5
256 Members of Advisory Council 6
(1) A person who was, immediately before the commencement day, a 7
member of the Australian Health Workforce Advisory Council under 8
the repealed Law is taken to be a member of the Advisory Council under 9
this Law. 10
(2) Without limiting subsection (1), a member of the Advisory Council 11
continues to hold office-- 12
(a) on the same terms and conditions that applied to the member's 13
appointment under the repealed Law; and 14
(b) until the day the member's term of appointment under the 15
repealed Law would have ended or the earlier day the member 16
otherwise vacates office under this Law. 17
(3) The person who, immediately before the commencement day, held 18
office as Chairperson of the Australian Health Workforce Advisory 19
Council under the repealed Law continues to hold office as Chairperson 20
of the Advisory Council under this Law. 21
Division 4 National Agency 22
257 Health profession agreements 23
From the commencement day, a health profession agreement entered 24
into by the Australian Health Practitioner Regulation Agency and in 25
force immediately before the commencement day is taken to be a health 26
profession agreement entered into by the National Agency under this 27
Law. 28
258 Service agreement 29
(1) This section applies if, immediately before the participation day for a 30
participating jurisdiction-- 31
(a) a local registration authority in that jurisdiction exercised 32
functions in relation to related health professionals; or 33
(b) a local registration authority in that jurisdiction was a party to a 34
service agreement for an entity to provide administrative or 35
operational support to the authority and the entity also provided 36
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support under a service agreement to an authority that registers 1
related health professionals. 2
(2) From the participation day for the participating jurisdiction, the 3
National Agency may enter into an agreement with the authority that is 4
responsible for registering the related health professionals to provide 5
services to the authority. 6
(3) In this section-- 7
related health professionals means persons who practise a profession 8
providing health services that is not a health profession under this Law. 9
Division 5 Agency Management Committee 10
259 Members of Agency Management Committee 11
(1) A person who was, immediately before the commencement day, a 12
member of the Australian Health Practitioner Regulation Agency 13
Management Committee under the repealed Law is taken to be a 14
member of the Agency Management Committee appointed under this 15
Law. 16
(2) Without limiting subsection (1), a member of the Agency Management 17
Committee continues to hold office-- 18
(a) on the same terms and conditions that applied to the person's 19
appointment under the repealed Law; and 20
(b) until the day the member's term of appointment under the 21
repealed Law would have ended or the earlier day the member 22
otherwise vacates office under this Law. 23
(3) The person who, immediately before the commencement day, held 24
office as Chairperson of the Australian Health Practitioner Regulation 25
Agency Management Committee under the repealed Law continues to 26
hold office as Chairperson of the Agency Management Committee 27
under this Law. 28
Division 6 Staff, consultants and contractors of National 29
Agency 30
260 Chief executive officer 31
The person who, immediately before the commencement day, held 32
office as chief executive officer of the Australian Health Practitioner 33
Regulation Agency under the repealed Law is taken, from the 34
commencement day, to have been appointed as the chief executive 35
officer of the National Agency under this Law on the same terms and 36
conditions that applied to the person's appointment under the repealed 37
Law. 38
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261 Staff 1
(1) A person who, immediately before the commencement day, was 2
employed by the Australian Health Practitioner Regulation Agency 3
under the repealed Law is taken, from the commencement day, to have 4
been employed by the National Agency under this Law. 5
(2) A secondment arrangement in force immediately before the 6
commencement day is taken, from the commencement day, to have 7
been made by the National Agency under this Law. 8
(3) In this section-- 9
secondment arrangement means an arrangement made under the 10
repealed Law by the Australian Health Practitioner Regulation Agency 11
for the services of any staff of a government agency of a participating 12
jurisdiction or the Commonwealth. 13
262 Consultants and contractors 14
A person who, immediately before the commencement day, was a 15
consultant or contractor engaged by the Australian Health Practitioner 16
Regulation Agency under the repealed Law is taken, from the 17
commencement day, to have been engaged by the National Agency 18
under this Law. 19
Division 7 Reports 20
263 Annual report 21
Sections 35 and 36 of the repealed Law continue to apply to the 22
preparation and submission of the first annual report of the Australian 23
Health Practitioner Regulation Agency as if this Law had not 24
commenced. 25
Division 8 National Boards 26
264 Members of National Boards 27
(1) A person who was, immediately before the commencement day, a 28
member of a National Health Practitioner Board under the repealed Law 29
is taken to be a member of the National Board of the same name under 30
this Law. 31
(2) Without limiting subsection (1), a member of a National Board holds 32
office-- 33
(a) on the same terms and conditions that applied to the person's 34
appointment under the repealed Law; and 35
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(b) until the day the member's term of appointment under the 1
repealed Law would have ended or the earlier day the member 2
otherwise vacates office under this Law. 3
(3) A person who, immediately before the commencement day, held office 4
as Chairperson of a National Health Practitioner Board is taken, from 5
the commencement day, to hold office as Chairperson of the National 6
Board of the same name. 7
265 Committees 8
(1) From the commencement day, a committee established by a National 9
Health Practitioner Board under the repealed Law and in existence 10
immediately before the commencement day is taken to be a committee 11
established under this Law by the National Board of the same name. 12
(2) A person who, immediately before the commencement day, held office 13
as a member of a committee established by a National Health 14
Practitioner Board under the repealed Law is taken, from the 15
commencement day, to hold office as a member of the committee as 16
continued in existence under subsection (1). 17
266 Delegation 18
(1) This section applies if, under the repealed Law-- 19
(a) a National Health Practitioner Board had delegated any of its 20
functions to a committee or the Australian Health Practitioner 21
Regulation Agency and the delegation was in force immediately 22
before the commencement day; or 23
(b) the Australian Health Practitioner Regulation Agency had 24
subdelegated a function delegated to it by a National Health 25
Practitioner Board to a member of the Agency's staff and the 26
subdelegation was in force immediately before the 27
commencement day. 28
(2) From the commencement day, the delegation or subdelegation 29
continues as if it were a delegation or subdelegation under this Law. 30
Division 9 Agency Fund 31
267 Agency Fund 32
From the commencement day, the Australian Health Practitioner 33
Regulation Agency Fund established by the repealed Law is taken to be 34
the Agency Fund established by this Law. 35
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Division 10 Offences 1
268 Offences 2
Proceedings for an offence against the repealed Law may be started or 3
continued as if this Law had not commenced. 4
Division 11 Registration 5
269 General registration 6
(1) This section applies to a person who, immediately before the 7
participation day for a participating jurisdiction, held general 8
registration (however described) in a health profession under the law of 9
that jurisdiction. 10
(2) From the participation day, the person is taken to hold general 11
registration under this Law in the health profession. 12
(3) In this section-- 13
general registration includes-- 14
(a) full registration, unconditional registration and registration 15
without conditions; and 16
(b) enrolment, unconditional enrolment and enrolment without 17
conditions. 18
270 Specialist registration 19
(1) This section applies if-- 20
(a) immediately before the participation day for a participating 21
jurisdiction, a person was a specialist health practitioner in a 22
specialty in a health profession under the law of that jurisdiction; 23
and 24
(b) from the participation day-- 25
(i) the specialty is a recognised specialty in the health 26
profession under this Law; or 27
(ii) a recognised specialty in the health profession under this 28
Law includes, or is equivalent to, the specialty. 29
(2) From the participation day, the person is taken to hold specialist 30
registration in the recognised specialty in the health profession under 31
this Law. 32
(3) In this section-- 33
corresponding purpose means a purpose that is equivalent to, or 34
substantially equivalent to, a purpose for which limited registration may 35
be granted under this Law. 36
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specialist health practitioner, in a specialty in a health profession, 1
means a person who held specialist registration in, or was endorsed or 2
otherwise authorised to practise, the specialty in the health profession 3
but does not include a person who held registration to practise the 4
profession only for a corresponding purpose. 5
271 Provisional registration 6
(1) This section applies to a person who, immediately before the 7
participation day for a participating jurisdiction, held registration 8
(however described) under a law of that jurisdiction to enable the person 9
to complete a period of supervised practice or internship in a health 10
profession required for the person to be eligible for general registration 11
(however described) in the profession. 12
(2) From the participation day, the person is taken to hold provisional 13
registration in the health profession under this Law. 14
272 Limited registration 15
(1) This section applies to a person who, immediately before the 16
participation day for a participating jurisdiction, held a type of 17
registration (however described) in a health profession under the law of 18
that jurisdiction that was granted for the practice of the health 19
profession only for a corresponding purpose. 20
(2) From the participation day, the person is taken to hold limited 21
registration in the health profession for that purpose under this Law. 22
(3) In this section-- 23
corresponding purpose means a purpose that is equivalent to, or 24
substantially equivalent to, a purpose for which limited registration may 25
be granted under this Law. 26
273 Limited registration (public interest-occasional practice) 27
(1) This section applies to a person who, immediately before the 28
participation day for a participating jurisdiction, held a type of 29
registration (however described) in a health profession under the law of 30
that jurisdiction that was granted-- 31
(a) subject to the following conditions limiting the scope of the 32
person's practise of the profession-- 33
(i) the person must not practise the profession other than-- 34
(A) to refer a person to another registered health 35
practitioner; or 36
(B) to prescribe scheduled medicines in specified 37
circumstances; and 38
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(ii) the person must not receive a fee or other benefit for 1
providing a service referred to in subparagraph (i); or 2
(b) on the basis the person had indicated the person was retired from 3
regular practise and intended only to practise on an occasional 4
basis. 5
(2) From the participation day, the person is taken to hold limited 6
registration in the public interest under this Law for the limited scope 7
that applied to the person's practise of the health profession 8
immediately before the participation day. 9
274 Non-practising registration 10
(1) This section applies to a person who, immediately before the 11
participation day for a participating jurisdiction, held a type of 12
registration (however described) in a health profession under the law of 13
that jurisdiction that was granted subject to the condition that the person 14
must not practise the profession. 15
(2) From the participation day, the person is taken to hold non-practising 16
registration in the health profession under this Law. 17
275 Registration for existing registered students 18
(1) This section applies if, immediately before the participation day for a 19
participating jurisdiction, a person held registration as a student in a 20
health profession under the law of that jurisdiction. 21
(2) From the participation day, the person is taken to hold student 22
registration in the health profession under this Law. 23
276 Registration for new students 24
(1) This section applies in relation to a person who, immediately before the 25
participation day for a participating jurisdiction-- 26
(a) was a student undertaking a program of study, provided by an 27
education provider located in the jurisdiction, that from the 28
participation day is an approved program of study for a health 29
profession; and 30
(b) was not required under the law of that jurisdiction to be registered 31
as a student in the health profession to undertake the program of 32
study or any part of the program, including any clinical training 33
or other practice of the profession related to undertaking the 34
program. 35
(2) Despite Division 7 of Part 7, the National Board established for the 36
health profession is not required before 1 March 2011 to register the 37
student in the profession. 38
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277 Other registrations 1
(1) This section applies if-- 2
(a) immediately before the participation day for a participating 3
jurisdiction, a class of persons held a type of registration in, or 4
was endorsed or otherwise authorised to practise, a health 5
profession under the law of that jurisdiction; and 6
(b) from the participation day, persons in that class are not registered, 7
endorsed or otherwise authorised to practise the profession by 8
another provision of this Division. 9
(2) From the participation day, persons in that class are taken to hold the 10
type of registration in the health profession that is specified for the class 11
of persons in the registration transition plan prepared under 12
subsection (3) by the National Board established for that profession. 13
(3) Before the participation day, each National Board must prepare a 14
registration transition plan that includes details of the type of 15
registration that is to be held under this Law by a class of persons 16
referred to in subsection (1). 17
(4) In preparing a registration transition plan, a National Board must-- 18
(a) comply with any directions given by the Ministerial Council that 19
are relevant to the transitional arrangements for the registration of 20
the class of persons; and 21
(b) have regard to the principle that persons in the class are to be 22
given the widest possible scope of practice of the profession that 23
is consistent with-- 24
(i) the authority the class of persons had to practise the 25
profession before the participation day; and 26
(ii) the protection of the safety of the public. 27
278 Endorsements 28
(1) This section applies to a person who, immediately before the 29
participation day for a participating jurisdiction-- 30
(a) held a type of registration in that jurisdiction in a health 31
profession for a corresponding purpose; or 32
(b) held general registration in that jurisdiction in a health profession 33
that had been endorsed for a corresponding purpose. 34
(2) From the participation day, the person is taken to hold general 35
registration in the health profession that has been endorsed under this 36
Law for the purpose that is equivalent to, or substantially equivalent to, 37
the corresponding purpose. 38
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(3) In this section-- 1
corresponding purpose means a purpose that is equivalent to, or 2
substantially equivalent to, a purpose for which an endorsement may be 3
granted under this Law. 4
279 Conditions imposed on registration or endorsement 5
(1) This section applies if-- 6
(a) a person is taken to be registered under this Law, or the person's 7
registration under this Law is taken to be endorsed, because of the 8
person's registration or endorsement under the law of a 9
participating jurisdiction before the participation day for the 10
jurisdiction; and 11
(b) the person's registration or endorsement under the law of that 12
jurisdiction was, immediately before the participation day, 13
subject to a condition-- 14
(i) whether described as a condition, restriction or otherwise; 15
and 16
(ii) whether imposed by or under an Act of that jurisdiction. 17
(2) From the participation day, the person's registration or endorsement 18
under this Law is taken to be subject to the same condition. 19
280 Expiry of registration and endorsement 20
(1) This section applies if, under this Division, a person is taken to be 21
registered under this Law because of the person's registration or 22
endorsement under the law of a participating jurisdiction. 23
(2) The person's registration, and any endorsement of the registration, 24
expires on-- 25
(a) if the person was registered in more than one participating 26
jurisdiction, the end of the latest day on which under the law of a 27
participating jurisdiction-- 28
(i) any of the registrations would have expired; or 29
(ii) an annual registration fee for any of the registrations would 30
have become payable; or 31
(b) otherwise, at the end of the day on which under the law of the 32
participating jurisdiction-- 33
(i) the registration would have expired; or 34
(ii) an annual registration fee for the registration would have 35
become payable. 36
(3) Subsection (2) does not prevent a National Board suspending or 37
cancelling the person's registration under this Law. 38
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281 Protected titles for certain specialist health practitioners 1
(1) This section applies if-- 2
(a) immediately before the participation day for a participating 3
jurisdiction, a person held specialist registration in a health 4
profession in that jurisdiction; and 5
(b) on the participation day the health profession is not a profession 6
for which specialist recognition operates under this Law. 7
(2) Despite section 118, the person does not commit an offence during the 8
transition period merely because the person takes or uses-- 9
(a) the title "specialist health practitioner"; or 10
(b) another title the person was entitled to use under the law of the 11
participating jurisdiction as in force immediately before the 12
participation day. 13
(3) In this section-- 14
transition period means the period-- 15
(a) starting at the beginning of the commencement day; and 16
(b) ending at the end of the day that is 3 years after the 17
commencement day. 18
282 First renewal of registration or endorsement 19
(1) This section applies if-- 20
(a) a health practitioner's registration or endorsement expires under 21
section 280; and 22
(b) the National Board decides to renew the health practitioner's 23
registration or endorsement under section 112. 24
(2) Despite section 112(6), the National Board may decide that the period 25
for which the registration or endorsement is renewed is a period of not 26
more than 2 years. 27
283 Programs of study 28
(1) This section applies if, immediately before the participation day for a 29
participating jurisdiction, a program of study provided a qualification 30
for registration in a health profession in that jurisdiction. 31
(2) From the participation day, the program of study is taken to be an 32
approved program of study for that health profession as if it had been 33
approved under this Law. 34
(3) The National Agency must, as soon as practicable after the participation 35
day, include an approved program of study under subsection (2) in the 36
list published under section 49(5). 37
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284 Exemption from requirement for professional indemnity insurance 1
arrangements for midwives practising private midwifery 2
(1) During the transition period, a midwife does not contravene section 3
129(1) merely because the midwife practises private midwifery if-- 4
(a) the practise occurs in a participating jurisdiction in which, 5
immediately before the participation day for that jurisdiction, a 6
person was not prohibited from attending homebirths in the 7
course of practising midwifery unless professional indemnity 8
insurance arrangements were in place; and 9
(b) informed consent has been given by the woman in relation to 10
whom the midwife is practising private midwifery; and 11
(c) the midwife complies with any requirements set out in a code or 12
guideline approved by the National Board under section 39 about 13
the practise of private midwifery, including-- 14
(i) any requirement in a code or guideline about reports to be 15
provided by midwives practising private midwifery; and 16
(ii) any requirement in a code or guideline relating to the 17
safety and quality of the practise of private midwifery. 18
(2) A midwife who practises private midwifery under this section is not 19
required to include in an annual statement under section 109 a 20
declaration required by subsection (1)(a)(iv) and (v) of that section in 21
relation to the midwife's practise of private midwifery during a period 22
of registration that is within the transition period. 23
(3) For the purposes of this section, the transition period-- 24
(a) starts on 1 July 2010; and 25
(b) ends on the prescribed day. 26
(4) If the National Board decides appropriate professional indemnity 27
arrangements are available in relation to the practice of private 28
midwifery, the Board may recommend to the Ministerial Council that 29
the transition period, and the exemption provided by this section during 30
the transition period, should end. 31
(5) In this section-- 32
homebirth means a birth in which the mother gives birth at her own 33
home or another person's home. 34
informed consent means written consent given by a woman after she 35
has been given a written statement by a midwife that includes-- 36
(a) a statement that appropriate professional indemnity insurance 37
arrangements will not be in force in relation to the midwife's 38
practise of private midwifery; and 39
(b) any other information required by the National Board. 40
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midwife means a person whose name is included in the Register of 1
Midwives kept by the National Board. 2
National Board means the Nursing and Midwifery Board of Australia. 3
private midwifery means practising the nursing and midwifery 4
profession-- 5
(a) in the course of attending a homebirth; and 6
(b) without appropriate professional indemnity insurance 7
arrangements being in force in relation to that practise; and 8
(c) other than as an employee of an entity. 9
transition period means the period referred to in subsection (3). 10
Division 12 Applications for registration and endorsement 11
285 Applications for registration 12
(1) This section applies if, immediately before the participation day for a 13
participating jurisdiction, an application for registration or renewal of 14
registration in a health profession had been made to a local registration 15
authority for the jurisdiction but not decided. 16
(2) From the participation day, the application is taken to have been made 17
under this Law to the National Board for the health profession. 18
286 Applications for endorsement 19
(1) This section applies if, immediately before the participation day for a 20
participating jurisdiction, an application for endorsement or renewal of 21
an endorsement of a registration in a health profession had been made 22
to a local registration authority for the jurisdiction but not decided. 23
(2) From the participation day, the application is taken to have been made 24
under this Law to the National Board for the health profession. 25
287 Disqualifications and conditions relevant to applications for registration 26
(1) This section applies if-- 27
(a) under a corresponding prior Act or another law of a participating 28
jurisdiction, a person's registration in a health profession had 29
been cancelled in that jurisdiction by an entity; and 30
(b) in cancelling the person's registration the entity also made any of 31
the following decisions-- 32
(i) a decision to set a period during which the person was 33
disqualified from applying for registration, or being 34
registered, in a health profession in the participating 35
jurisdiction; 36
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(ii) a decision to set conditions under which the person might 1
reapply for registration in the profession; 2
(iii) a decision to set conditions that must be imposed on any 3
future registration of the person in the profession; and 4
(c) immediately before the participation day, the decision was still in 5
force. 6
(2) From the participation day, the decision continues as if it had been made 7
under this Law by the responsible tribunal for the participating 8
jurisdiction. 9
Division 13 Complaints, notifications and disciplinary 10
proceedings 11
288 Complaints and notifications made but not being dealt with on 12
participation day 13
(1) This section applies if, immediately before the participation day for a 14
participating jurisdiction, a local registration authority for the 15
jurisdiction had received but not started dealing with a complaint or 16
notification about a person registered in a health profession by the 17
authority. 18
(2) From the participation day, the complaint or notification is taken to be 19
a notification made under this Law to the National Agency. 20
(3) This section does not apply to a co-regulatory jurisdiction. 21
289 Complaints and notifications being dealt with on participation day 22
(1) This section applies if, immediately before the participation day for a 23
participating jurisdiction, a local registration authority for the 24
jurisdiction had started but not completed dealing with a complaint or 25
notification about a person registered in a health profession by the 26
authority. 27
(2) From the participation day-- 28
(a) the complaint or notification is taken to be a notification made 29
under this Law and is to be dealt with by the National Board for 30
the health profession; and 31
(b) the notification is to continue to be dealt with under the Act of the 32
participating jurisdiction under which it was made, and any 33
proceedings or appeal relating to the notification may be dealt 34
with, as if that Act had not been repealed. 35
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(3) For the purposes of this section, the Act of the participating jurisdiction 1
applies-- 2
(a) as if a reference to the local registration authority were a 3
reference to the National Board; and 4
(b) with any other changes that are necessary or convenient. 5
(4) The National Board must give effect to a decision made on an inquiry, 6
investigation, proceeding or appeal completed under the Act of the 7
participating jurisdiction as if it were a decision under this Law. 8
(5) This section does not apply to a co-regulatory jurisdiction. 9
290 Effect of suspension 10
(1) This section applies if-- 11
(a) because of another provision of this Part, a person is taken to be 12
registered under this Law; and 13
(b) immediately before the participation day for the participating 14
jurisdiction in which the person was registered under a 15
corresponding prior Act, the person's registration was suspended 16
under a law of that jurisdiction. 17
(2) From the participation day, the person's registration is taken to have 18
been suspended under this Law. 19
291 Undertakings and other agreements 20
(1) This section applies if, immediately before the participation day for a 21
participating jurisdiction, an undertaking or other agreement between a 22
person registered under a corresponding prior Act and the local 23
registration authority for a health profession was in force. 24
(2) From the participation day, the undertaking or other agreement is taken 25
to have been entered into under this Law between the person and the 26
National Board established for the health profession. 27
292 Orders 28
(1) This section applies if-- 29
(a) under a corresponding prior Act of a participating jurisdiction, an 30
adjudication body had, at the end of a proceeding before the 31
adjudication body about a health practitioner's practice or 32
conduct, ordered the health practitioner to do, or refrain from 33
doing, something; and 34
(b) immediately before the participation day, the order was still in 35
force. 36
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(2) From the participation day, the order continues in force as if it had been 1
made under this Law. 2
(3) In this section-- 3
adjudication body means a court, tribunal, panel or local registration 4
authority. 5
293 List of approved persons 6
(1) This section applies if, immediately before the participation day for a 7
participating jurisdiction, a person was appointed as a member of a list 8
of persons approved to be appointed as members of a body that 9
exercised functions that correspond to a panel for a health profession. 10
(2) From the participation day, the person is taken to have been appointed 11
by the National Board established for the health profession to the list 12
kept by that Board under section 183. 13
Division 14 Local registration authority 14
294 Definition 15
In this Division-- 16
transfer day, for a participating jurisdiction, means-- 17
(a) for a health profession other than a relevant health profession-- 18
(i) 1 July 2010; or 19
(ii) the later day on which the jurisdiction became a 20
participating jurisdiction; or 21
(b) for a relevant health profession, 1 July 2012. 22
295 Assets and liabilities 23
(1) From the transfer day for a participating jurisdiction-- 24
(a) the assets and liabilities of a local registration authority for a 25
health profession in a participating jurisdiction are taken to be 26
assets and liabilities of the National Agency and are to be paid 27
into or out of the account kept in the Agency Fund for the 28
National Board established for the profession; and 29
(b) any contract, other than an employment contract, entered into by 30
or on behalf of the local registration authority and all guarantees, 31
undertakings and securities given by or on behalf of the authority, 32
in force immediately before the participation day, are taken to 33
have been entered into or given by or to the National Agency and 34
may be enforced against or by the Agency; and 35
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(c) any property that, immediately before the participation day, was 1
held on trust, or subject to a condition, by the local registration 2
authority continues to be held by the National Agency on the 3
same trust, or subject to the same condition and is to be paid into 4
the account kept in the Agency Fund for the National Board. 5
(2) In this section-- 6
employment contract means either of the following under which a 7
person is employed-- 8
(a) a contract of employment; 9
(b) a contract for services. 10
296 Records relating to registration and accreditation 11
(1) This section applies to a record of a local registration authority for a 12
health profession in a participating jurisdiction that relates to the 13
authority's functions in relation to the following-- 14
(a) the registration of individuals; 15
(b) complaints and notifications about, and proceedings against, 16
individuals who are or were registered; 17
(c) accreditation of courses that qualify individuals for registration. 18
(2) From the transfer day for the participating jurisdiction, the record is 19
taken to be a record of the National Board for the health profession. 20
297 Financial and administrative records 21
(1) This section applies to a record of a local registration authority in a 22
participating jurisdiction that relates to the authority's financial or 23
administrative functions. 24
(2) From the transfer day for the participating jurisdiction, the record is 25
taken to be a record of the National Agency. 26
298 Pharmacy businesses and premises 27
Sections 295 to 297 do not apply to an asset, liability, contract, property 28
or record of a local registration authority that relates to the regulation of 29
a pharmacy business, pharmacy premises, a pharmacy department or 30
any other pharmacy-related entity that is not an individual. 31
299 Members of local registration authority 32
(1) This section applies if, in anticipation of a jurisdiction becoming a 33
participating jurisdiction, a National Board established for a health 34
profession establishes a State or Territory Board for the jurisdiction. 35
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(2) A person who, immediately before the State or Territory Board was 1
established, was a member of the local registration authority for the 2
profession in the participating jurisdiction is taken to be a member of the 3
State or Territory Board. 4
(3) Section 36(5) and (6) do not apply to the membership of a State or 5
Territory Board for a jurisdiction for 12 months after the jurisdiction 6
becomes a participating jurisdiction. 7
Note. Section 36(5) and (6) provide requirements for the number of practitioner 8
members and community members required by a State or Territory Board. 9
Division 15 Staged commencement for certain health 10
professions 11
300 Application of Law to relevant health profession between 12
commencement and 1 July 2012 13
(1) This Law does not apply with respect to a relevant health profession 14
during the period starting on the commencement day and ending on 15
30 June 2011. 16
(2) The following Parts of this Law do not apply with respect to a relevant 17
health profession during the period starting on 1 July 2011 and ending 18
on 30 June 2012-- 19
(a) Part 7, other than Division 10; 20
(b) Parts 8 to 11. 21
(3) Despite subsection (2)(a), a person does not commit an offence against 22
a provision of Division 10 of Part 7 merely because, before 1 July 2012, 23
the person-- 24
(a) takes or uses a title, name, initial, symbol, word or description 25
that, having regard to the circumstances in which it is taken or 26
used, indicates or could be reasonably understood to indicate that 27
the person is authorised or qualified to practise in a relevant 28
health profession; or 29
(b) uses a title that is listed in the Table to section 113 opposite a 30
relevant health profession. 31
301 Ministerial Council may appoint external accreditation entity 32
(1) The Ministerial Council may appoint an entity, other than a committee 33
established by a National Board, to exercise an accreditation function 34
for a relevant health profession. 35
(2) Without limiting subsection (1), an entity that accredited courses for the 36
purposes of registration in a relevant health profession under a 37
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corresponding prior Act may be appointed to exercise an accreditation 1
function for the profession under this Law. 2
(3) The National Board established for the health profession must, not later 3
than 1 July 2015, review the arrangements for the exercise of the 4
accreditation functions for the health profession. 5
(4) The National Board must ensure the process for the review includes 6
wide-ranging consultation about the arrangements for the exercise of 7
the accreditation functions. 8
(5) If an entity is appointed under subsection (1) to exercise an 9
accreditation function for a health profession, the National Board 10
established for the profession must not, before 1 July 2015, end that 11
entity's appointment. 12
302 Application of Law to appointment of first National Board for relevant 13
professions 14
Despite section 34(2), a person is eligible for appointment as a 15
practitioner member of the first National Board for a relevant health 16
profession if the person-- 17
(a) is registered in the profession under a law of a participating 18
jurisdiction; or 19
(b) holds a qualification that entitles the person to registration in the 20
profession under a law of a participating jurisdiction; or 21
(c) is otherwise eligible to apply for or hold registration in the 22
profession under the law of a participating jurisdiction. 23
303 Qualifications for general registration in relevant profession 24
(1) For the purposes of section 52(1)(a), an individual who applies for 25
registration in a relevant health profession before 1 July 2015 is 26
qualified for general registration in the profession if the individual-- 27
(a) holds a qualification or has completed training in the profession, 28
whether in a participating jurisdiction or elsewhere, that the 29
National Board established for the profession considers is 30
adequate for the purposes of practising the profession; or 31
(b) holds a qualification or has completed training in the profession, 32
whether in a participating jurisdiction or elsewhere, and has 33
completed any further study, training or supervised practice in 34
the profession required by the Board for the purposes of this 35
section; or 36
(c) has practised the profession at any time between 1 July 2002 and 37
30 June 2012 for a consecutive period of 5 years or for any 38
periods which together amount to 5 years. 39
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(2) This section applies despite section 53. 1
304 Relationship with other provisions of Law 2
This Division applies despite any other provision of this Law but does 3
not affect the operation of clause 30 of Schedule 7. 4
Division 16 Savings and transitional regulations 5
305 Savings and transitional regulations 6
(1) The regulations may contain provisions (savings and transitional 7
provisions) of a savings or transitional nature-- 8
(a) consequent on the enactment of this Law in a participating 9
jurisdiction; or 10
(b) to otherwise allow or facilitate the change from the operation of 11
a law of the participating jurisdiction relating to health 12
practitioners to the operation of this Law. 13
(2) Savings and transitional provisions may have retrospective operation to 14
a day not earlier than the participation day for that participating 15
jurisdiction. 16
(3) This section and any savings and transitional provisions expire on 17
30 June 2015. 18
Schedule 1 Constitution and procedure of Advisory 19
Council 20
(Section 22) 21
Part 1 General 22
1 Definitions 23
In this Schedule-- 24
Chairperson means the Chairperson of the Advisory Council. 25
member means a member of the Advisory Council. 26
Part 2 Constitution 27
2 Terms of office of members 28
Subject to this Schedule, a member holds office for the period (not 29
exceeding 3 years) specified in the member's instrument of 30
appointment, but is eligible (if otherwise qualified) for reappointment. 31
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3 Remuneration 1
A member is entitled to be paid such remuneration (including travelling 2
and subsistence allowances) as the Ministerial Council may from time 3
to time determine with respect to the member. 4
4 Vacancy in office of member 5
(1) The office of a member becomes vacant if the member-- 6
(a) completes the member's term of office; or 7
(b) resigns the office by instrument in writing addressed to the 8
Chairperson of the Ministerial Council; or 9
(c) is removed from office by the Chairperson of the Ministerial 10
Council under this clause; or 11
(d) dies. 12
(2) The Chairperson of the Ministerial Council may remove a member from 13
office if-- 14
(a) the member has been found guilty of an offence (whether in a 15
participating jurisdiction or elsewhere) that, in the opinion of the 16
Chairperson of the Ministerial Council, renders the member unfit 17
to continue to hold the office of member; or 18
(b) the member ceases to be a registered health practitioner as a result 19
of the member's misconduct, impairment or incompetence; or 20
(c) the Advisory Council recommends the removal of the member, 21
on the basis that the member has engaged in misconduct or has 22
failed or is unable to properly exercise the member's functions as 23
a member. 24
(3) In addition, the Chairperson of the Ministerial Council may remove the 25
Chairperson of the Advisory Council from office as a member if the 26
Chairperson of the Advisory Council becomes a registered health 27
practitioner. 28
5 Extension of term of office during vacancy in membership 29
(1) If the office of a member becomes vacant because the member has 30
completed the member's term of office, the member is taken to continue 31
to be a member during that vacancy until the date on which the vacancy 32
is filled (whether by reappointment of the member or appointment of a 33
successor to the member). 34
(2) However, this clause ceases to apply to the member if-- 35
(a) the member resigns the member's office by instrument in writing 36
addressed to the Chairperson of the Ministerial Council; or 37
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(b) the Chairperson of the Ministerial Council determines that the 1
services of the member are no longer required. 2
(3) The maximum period for which a member is taken to continue to be a 3
member under this clause after completion of the member's term of 4
office is 6 months. 5
6 Disclosure of conflict of interest 6
(1) If-- 7
(a) a member has a direct or indirect pecuniary or other interest in a 8
matter being considered or about to be considered at a meeting of 9
the Advisory Council; and 10
(b) the interest appears to raise a conflict with the proper 11
performance of the member's duties in relation to the 12
consideration of the matter; 13
the member must, as soon as possible after the relevant facts have come 14
to the member's knowledge, disclose the nature of the interest at a 15
meeting of the Advisory Council. 16
(2) Particulars of any disclosure made under this clause must be recorded 17
by the Advisory Council in a book kept for the purpose. 18
(3) After a member has disclosed the nature of an interest in any matter, the 19
member must not, unless the Ministerial Council or the Advisory 20
Council otherwise determines-- 21
(a) be present during any deliberation of the Advisory Council with 22
respect to the matter; or 23
(b) take part in any decision of the Advisory Council with respect to 24
the matter. 25
(4) For the purposes of the making of a determination by the Advisory 26
Council under subclause (3), a member who has a direct or indirect 27
pecuniary or other interest in a matter to which the disclosure relates 28
must not-- 29
(a) be present during any deliberation of the Advisory Council for 30
the purpose of making the determination; or 31
(b) take part in the making of the determination by the Advisory 32
Council. 33
(5) A contravention of this clause does not invalidate any decision of the 34
Advisory Council. 35
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Part 3 Procedure 1
7 General procedure 2
The procedure for the calling of meetings of the Advisory Council and 3
for the conduct of business at those meetings is, subject to this Law, to 4
be as determined by the Advisory Council. 5
8 Quorum 6
The quorum for a meeting of the Advisory Council is a majority of its 7
members for the time being. 8
9 Presiding member 9
The Chairperson (or, in the absence of the Chairperson, a person elected 10
by the members of the Advisory Council who are present at a meeting 11
of the Advisory Council) is to preside at a meeting of the Advisory 12
Council. 13
10 Transaction of business outside meetings or by telecommunication 14
(1) The Advisory Council may, if it thinks fit, transact any of its business 15
by the circulation of papers among all the members of the Advisory 16
Council for the time being, and a resolution in writing approved in 17
writing by a majority of those members is taken to be a decision of the 18
Advisory Council. 19
(2) The Advisory Council may, if it thinks fit, transact any of its business at 20
a meeting at which members (or some members) participate by 21
telephone, closed-circuit television or other means, but only if any 22
member who speaks on a matter before the meeting can be heard by the 23
other members. 24
(3) For the purposes of-- 25
(a) the approval of a resolution under subclause (1); or 26
(b) a meeting held in accordance with subclause (2); 27
the Chairperson and each member have the same voting rights as they 28
have at an ordinary meeting of the Advisory Council. 29
(4) Papers may be circulated among the members for the purposes of 30
subclause (1) by facsimile, email or other transmission of the 31
information in the papers concerned. 32
11 First meeting 33
The Chairperson may call the first meeting of the Advisory Council in 34
any manner the Chairperson thinks fit. 35
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Schedule 2 Agency Management Committee 1
(Section 29) 2
Part 1 General 3
1 Definitions 4
In this Schedule-- 5
Chairperson means the Chairperson of the Committee. 6
Committee means the Agency Management Committee. 7
member means a member of the Committee. 8
Part 2 Constitution 9
2 Terms of office of members 10
Subject to this Schedule, a member holds office for the period (not 11
exceeding 3 years) specified in the member's instrument of 12
appointment, but is eligible (if otherwise qualified) for reappointment. 13
3 Remuneration 14
A member is entitled to be paid such remuneration (including travelling 15
and subsistence allowances) as the Ministerial Council may from time 16
to time determine with respect to the member. 17
4 Vacancy in office of member 18
(1) The office of a member becomes vacant if the member-- 19
(a) completes a term of office; or 20
(b) resigns the office by instrument in writing addressed to the 21
Chairperson of the Ministerial Council; or 22
(c) is removed from office by the Chairperson of the Ministerial 23
Council under this clause; or 24
(d) is absent, without leave first being granted by the Chairperson of 25
the Committee, from 3 or more consecutive meetings of the 26
Committee of which reasonable notice has been given to the 27
member personally or by post; or 28
(e) dies. 29
(2) The Chairperson of the Ministerial Council may remove a member from 30
office if-- 31
(a) the member has been found guilty of an offence (whether in a 32
participating jurisdiction or elsewhere) that, in the opinion of the 33
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Chairperson of the Ministerial Council, renders the member unfit 1
to continue to hold the office of member; or 2
(b) the member ceases to be a registered health practitioner as a result 3
of the member's misconduct, impairment or incompetence; or 4
(c) the member becomes bankrupt, applies to take the benefit of any 5
law for the relief of bankrupt or insolvent debtors, compounds 6
with the member's creditors or makes an assignment of the 7
member's remuneration for their benefit; or 8
(d) the Committee recommends the removal of the member, on the 9
basis that the member has engaged in misconduct or has failed or 10
is unable to properly exercise the member's functions as a 11
member. 12
(3) In addition, the Chairperson of the Ministerial Council may remove the 13
Chairperson of the Committee from office as a member if the 14
Chairperson of the Committee becomes a registered health practitioner. 15
5 Vacancies to be advertised 16
(1) Before the Ministerial Council appoints a member of the Committee, 17
the vacancy to be filled is to be publicly advertised. 18
(2) It is not necessary to advertise a vacancy in the membership of the 19
Committee before appointing a person to act in the office of a member. 20
Note. The general interpretation provisions applicable to this Law under 21
section 6 confer power to appoint acting members of the Agency Management 22
Committee. 23
6 Extension of term of office during vacancy in membership 24
(1) If the office of a member becomes vacant because the member has 25
completed the member's term of office, the member is taken to continue 26
to be a member during that vacancy until the date on which the vacancy 27
is filled (whether by reappointment of the member or appointment of a 28
successor to the member). 29
(2) However, this clause ceases to apply to the member if-- 30
(a) the member resigns the member's office by instrument in writing 31
addressed to the Chairperson of the Ministerial Council; or 32
(b) the Chairperson of the Ministerial Council determines that the 33
services of the member are no longer required. 34
(3) The maximum period for which a member is taken to continue to be a 35
member under this clause after completion of the member's term of 36
office is 6 months. 37
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7 Members to act in public interest 1
(1) A member of the Committee is to act impartially and in the public 2
interest in the exercise of the member's functions as a member. 3
(2) Accordingly, a member of the Committee is to put the public interest 4
before the interests of particular health practitioners or any body or 5
organisation that represents health practitioners. 6
8 Disclosure of conflict of interest 7
(1) If-- 8
(a) a member has a direct or indirect pecuniary or other interest in a 9
matter being considered or about to be considered at a meeting of 10
the Committee; and 11
(b) the interest appears to raise a conflict with the proper 12
performance of the member's duties in relation to the 13
consideration of the matter; 14
the member must, as soon as possible after the relevant facts have come 15
to the member's knowledge, disclose the nature of the interest at a 16
meeting of the Committee. 17
(2) Particulars of any disclosure made under this clause must be recorded 18
by the Committee in a book kept for the purpose. 19
(3) After a member has disclosed the nature of an interest in any matter, the 20
member must not, unless the Ministerial Council or the Committee 21
otherwise determines-- 22
(a) be present during any deliberation of the Committee with respect 23
to the matter; or 24
(b) take part in any decision of the Committee with respect to the 25
matter. 26
(4) For the purposes of the making of a determination by the Committee 27
under subclause (3), a member who has a direct or indirect pecuniary or 28
other interest in a matter to which the disclosure relates must not-- 29
(a) be present during any deliberation of the Committee for the 30
purpose of making the determination; or 31
(b) take part in the making of the determination by the Committee. 32
(5) A contravention of this clause does not invalidate any decision of the 33
Committee. 34
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Part 3 Procedure 1
9 General procedure 2
The procedure for the calling of meetings of the Committee and for the 3
conduct of business at those meetings is, subject to this Law, to be as 4
determined by the Committee. 5
10 Quorum 6
The quorum for a meeting of the Committee is a majority of its members 7
for the time being. 8
11 Chief executive officer may attend meetings 9
The chief executive officer of the National Agency may attend meetings 10
of the Committee and may participate in discussions of the Committee, 11
but is not entitled to vote at a meeting. 12
12 Presiding member 13
(1) The Chairperson (or, in the absence of the Chairperson, a person elected 14
by the members of the Committee who are present at a meeting of the 15
Committee) is to preside at a meeting of the Committee. 16
(2) The presiding member has a deliberative vote and, in the event of an 17
equality of votes, has a second or casting vote. 18
13 Voting 19
A decision supported by a majority of the votes cast at a meeting of the 20
Committee at which a quorum is present is the decision of the 21
Committee. 22
14 Transaction of business outside meetings or by telecommunication 23
(1) The Committee may, if it thinks fit, transact any of its business by the 24
circulation of papers among all the members of the Committee for the 25
time being, and a resolution in writing approved in writing by a majority 26
of those members is taken to be a decision of the Committee. 27
(2) The Committee may, if it thinks fit, transact any of its business at a 28
meeting at which members (or some members) participate by telephone, 29
closed-circuit television or other means, but only if any member who 30
speaks on a matter before the meeting can be heard by the other 31
members. 32
(3) For the purposes of-- 33
(a) the approval of a resolution under subclause (1); or 34
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(b) a meeting held in accordance with subclause (2); 1
the Chairperson and each member have the same voting rights as they 2
have at an ordinary meeting of the Committee. 3
(4) Papers may be circulated among the members for the purposes of 4
subclause (1) by facsimile, email or other transmission of the 5
information in the papers concerned. 6
15 First meeting 7
The Chairperson may call the first meeting of the Committee in any 8
manner the Chairperson thinks fit. 9
16 Defects in appointment of members 10
A decision of the Committee is not invalidated by any defect or 11
irregularity in the appointment of any member (or acting member) of 12
the Committee. 13
Schedule 3 National Agency 14
(Section 23) 15
Part 1 Chief executive officer 16
1 Chief executive officer 17
(1) The Agency Management Committee is to appoint a person as chief 18
executive officer of the National Agency. 19
(2) The chief executive officer of the National Agency is to be appointed 20
for a period, not more than 5 years, specified in the officer's instrument 21
of appointment, but is eligible for reappointment. 22
(3) The chief executive officer of the National Agency is taken, while 23
holding that office, to be a member of the staff of the National Agency. 24
2 Functions of chief executive officer 25
(1) The chief executive officer of the National Agency has the functions 26
conferred on the chief executive officer by written instrument of the 27
Agency Management Committee. 28
(2) The Agency Management Committee may delegate any of the functions 29
of the National Agency, or of the Agency Management Committee, to 30
the chief executive officer of the National Agency, other than this power 31
of delegation. 32
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3 Delegation and subdelegation by chief executive officer 1
(1) The chief executive officer of the National Agency may delegate any of 2
the functions conferred on the officer under clause 2(1) to a member of 3
the staff of the National Agency, other than this power of delegation. 4
(2) The chief executive officer of the National Agency may subdelegate 5
any function delegated to the officer under clause 2(2) to any member 6
of the staff of the National Agency if the chief executive officer is 7
authorised to do so by the Agency Management Committee. 8
4 Vacancy in office 9
(1) The office of the chief executive officer of the National Agency 10
becomes vacant if-- 11
(a) the chief executive officer resigns the officer's office by written 12
instrument addressed to the Chairperson of the Agency 13
Management Committee; or 14
(b) the appointment of the chief executive officer is terminated by 15
the Agency Management Committee under this clause. 16
(2) The Agency Management Committee may, at any time and for any 17
reason, terminate the appointment of the chief executive officer of the 18
National Agency by written notice given to the chief executive officer. 19
Part 2 Staff, consultants and contractors 20
5 Staff of National Agency 21
(1) The National Agency may, for the purpose of performing its functions, 22
employ staff. 23
(2) The staff of the National Agency are to be employed on the terms and 24
conditions decided by the National Agency from time to time. 25
(3) Subclause (2) is subject to any relevant industrial award or agreement 26
that applies to the staff. 27
6 Staff seconded to National Agency 28
The National Agency may make arrangements for the services of any of 29
the following persons to be made available to the National Agency in 30
connection with the exercise of its functions-- 31
(a) a person who is a member of the staff of a government agency of 32
a participating jurisdiction or the Commonwealth; 33
(b) a person who is a member of the staff of a local registration 34
authority. 35
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7 Consultants and contractors 1
(1) The National Agency may engage persons with suitable qualifications 2
and experience as consultants or contractors. 3
(2) The terms and conditions of engagement of consultants or contractors 4
are as decided by the National Agency from time to time. 5
Part 3 Reporting obligations 6
8 Annual report 7
(1) The National Agency must, within 3 months after the end of each 8
financial year, submit an annual report for the financial year to the 9
Ministerial Council. 10
(2) The annual report must include-- 11
(a) a financial statement for the National Agency, and each National 12
Board, for the period to which the report relates; and 13
(b) a report about the Agency's performance of its functions under 14
this Law during the period to which the annual report relates. 15
(3) The financial statement is to be prepared in accordance with Australian 16
Accounting Standards. 17
(4) The financial statement is to be audited by a public sector auditor and a 18
report is to be provided by the auditor. 19
(5) The Ministerial Council is to make arrangements for the tabling of the 20
annual report of the National Agency, and the report of the public sector 21
auditor with respect to the financial statement in the report, in the 22
Parliament of each participating jurisdiction and the Commonwealth. 23
(6) The Ministerial Council may extend, or further extend, the period for 24
submission of an annual report to the Council by a total period of up to 25
3 months. 26
(7) In this clause-- 27
public sector auditor means-- 28
(a) the Auditor-General (however described) of a participating 29
jurisdiction; or 30
(b) an auditor employed, appointed or otherwise engaged by an 31
Auditor-General of a participating jurisdiction. 32
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9 Reporting by National Boards 1
(1) A National Board must, if asked by the National Agency, give the 2
National Agency the information the National Agency requires to 3
compile its annual report, including-- 4
(a) a report about the National Board's performance of its functions 5
under this Law during the period to which the annual report 6
relates; and 7
(b) a statement of the income and expenditure of the National Board 8
for the period to which the annual report relates, presented by 9
reference to the budget of the National Board for that period. 10
(2) The information provided by the National Board is to be incorporated 11
in the relevant annual report for the National Agency. 12
Schedule 4 National Boards 13
(Section 33) 14
Part 1 General 15
1 Definitions 16
In this Schedule-- 17
Chairperson means the Chairperson of a National Board. 18
community member means a member of a National Board appointed as 19
a community member. 20
member means a member of a National Board. 21
Part 2 Constitution 22
2 Terms of office of members 23
Subject to this Schedule, a member holds office for the period (not 24
exceeding 3 years) specified in the member's instrument of 25
appointment, but is eligible (if otherwise qualified) for reappointment. 26
3 Remuneration 27
A member is entitled to be paid such remuneration (including travelling 28
and subsistence allowances) as the Ministerial Council may from time 29
to time determine with respect to the member. 30
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4 Vacancy in office of member 1
(1) The office of a member becomes vacant if the member-- 2
(a) completes a term of office; or 3
(b) resigns the office by instrument in writing addressed to the 4
Chairperson of the Ministerial Council; or 5
(c) is removed from office by the Chairperson of the Ministerial 6
Council under this clause; or 7
(d) is absent, without leave first being granted by the Chairperson of 8
the Board, from 3 or more consecutive meetings of the National 9
Board of which reasonable notice has been given to the member 10
personally or by post; or 11
(e) dies. 12
(2) The Chairperson of the Ministerial Council may remove a member from 13
office if-- 14
(a) the member has been found guilty of an offence (whether in a 15
participating jurisdiction or elsewhere) that, in the opinion of the 16
Chairperson of the Ministerial Council, renders the member unfit 17
to continue to hold the office of member; or 18
(b) the member ceases to be a registered health practitioner as a result 19
of the member's misconduct, impairment or incompetence; or 20
(c) the member ceases to be eligible for appointment to the office 21
that the member holds on the National Board; or 22
(d) the member becomes bankrupt, applies to take the benefit of any 23
law for the relief of bankrupt or insolvent debtors, compounds 24
with member's creditors or makes an assignment of the 25
member's remuneration for their benefit; or 26
(e) the National Board recommends the removal of the member, on 27
the basis that the member has engaged in misconduct or has failed 28
or is unable to properly exercise the member's functions as a 29
member. 30
5 Vacancies to be advertised 31
(1) Before the Ministerial Council appoints a member of a National Board, 32
the vacancy to be filled is to be publicly advertised. 33
(2) The National Agency may assist the Ministerial Council in the process 34
of appointing members of a National Board, including in the advertising 35
of vacancies. 36
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(3) It is not necessary to advertise a vacancy in the membership of a 1
National Board before appointing a person to act in the office of a 2
member. 3
Note. The general interpretation provisions applicable to this Law under section 4
6 confer power to appoint acting members of a National Board. 5
6 Extension of term of office during vacancy in membership 6
(1) If the office of a member becomes vacant because the member has 7
completed the member's term of office, the member is taken to continue 8
to be a member during that vacancy until the date on which the vacancy 9
is filled (whether by reappointment of the member or appointment of a 10
successor to the member). 11
(2) However, this clause ceases to apply to the member if-- 12
(a) the member resigns the member's office by instrument in writing 13
addressed to the Chairperson of the Ministerial Council; or 14
(b) the Chairperson of the Ministerial Council determines that the 15
services of the member are no longer required. 16
(3) The maximum period for which a member is taken to continue to be a 17
member under this clause after completion of the member's term of 18
office is 6 months. 19
7 Members to act in public interest 20
(1) A member of a National Board is to act impartially and in the public 21
interest in the exercise of the member's functions as a member. 22
(2) Accordingly, a member of a National Board is to put the public interest 23
before the interests of particular health practitioners or any entity that 24
represents health practitioners. 25
8 Disclosure of conflict of interest 26
(1) If-- 27
(a) a member has a direct or indirect pecuniary or other interest in a 28
matter being considered or about to be considered at a meeting of 29
the National Board; and 30
(b) the interest appears to raise a conflict with the proper 31
performance of the member's duties in relation to the 32
consideration of the matter; 33
the member must, as soon as possible after the relevant facts have come 34
to the member's knowledge, disclose the nature of the interest at a 35
meeting of the National Board. 36
(2) Particulars of any disclosure made under this clause must be recorded 37
by the National Board in a book kept for the purpose. 38
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(3) After a member has disclosed the nature of an interest in any matter, the 1
member must not, unless the Ministerial Council or the National Board 2
otherwise determines-- 3
(a) be present during any deliberation of the National Board with 4
respect to the matter; or 5
(b) take part in any decision of the National Board with respect to the 6
matter. 7
(4) For the purposes of the making of a determination by the National 8
Board under subclause (3), a member who has a direct or indirect 9
pecuniary or other interest in a matter to which the disclosure relates 10
must not-- 11
(a) be present during any deliberation of the National Board for the 12
purpose of making the determination; or 13
(b) take part in the making of the determination by the National 14
Board. 15
(5) A contravention of this clause does not invalidate any decision of the 16
National Board. 17
(6) This clause applies to a member of a committee of a National Board and 18
the committee in the same way as it applies to a member of the National 19
Board and the National Board. 20
Part 3 Functions and powers 21
9 Requirement to consult other National Boards 22
If a National Board (the first Board) proposes to make a 23
recommendation to the Ministerial Council about a matter that may 24
reasonably be expected to be of interest to another National Board (the 25
other Board), the first Board must-- 26
(a) consult with the other Board about the proposed 27
recommendation; and 28
(b) if the first Board makes the recommendation to the Ministerial 29
Council, advise the Council about any contrary views expressed 30
by the other Board about the recommendation. 31
10 Boards may obtain assistance 32
A National Board may, for the purposes of exercising its functions, 33
obtain the assistance of or advice from a local registration authority or 34
another entity having knowledge of matters relating to the health 35
profession for which it is established. 36
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11 Committees 1
A National Board may establish committees to do any of the 2
following-- 3
(a) to develop registration standards for the health profession for 4
which the Board is established; 5
(b) to develop codes or guidelines for the health profession for which 6
the Board is established; 7
(c) to exercise any other functions of the Board or to provide 8
assistance or advice to the Board in the exercise of its functions. 9
Part 4 Procedure 10
12 General procedure 11
The procedure for the calling of meetings of the National Board and for 12
the conduct of business at those meetings is, subject to this Law, to be 13
as determined by the National Board. 14
13 Quorum 15
The quorum for a meeting of the National Board is a majority of its 16
members for the time being, at least one of whom is a community 17
member. 18
14 Presiding member 19
(1) The Chairperson (or, in the absence of the Chairperson, a person elected 20
by the members of the National Board who are present at a meeting of 21
the National Board) is to preside at a meeting of the National Board. 22
(2) The presiding member has a deliberative vote and, in the event of an 23
equality of votes, has a second or casting vote. 24
15 Voting 25
A decision supported by a majority of the votes cast at a meeting of the 26
National Board at which a quorum is present is the decision of the 27
National Board. 28
16 Transaction of business outside meetings or by telecommunication 29
(1) The National Board may, if it thinks fit, transact any of its business by 30
the circulation of papers among all the members of the National Board 31
for the time being, and a resolution in writing approved in writing by a 32
majority of those members is taken to be a decision of the National 33
Board. 34
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(2) The National Board may, if it thinks fit, transact any of its business at a 1
meeting at which members (or some members) participate by telephone, 2
closed-circuit television or other means, but only if any member who 3
speaks on a matter before the meeting can be heard by the other 4
members. 5
(3) For the purposes of-- 6
(a) the approval of a resolution under subclause (1); or 7
(b) a meeting held in accordance with subclause (2); 8
the Chairperson and each member have the same voting rights as they 9
have at an ordinary meeting of the National Board. 10
(4) Papers may be circulated among the members for the purposes of 11
subclause (1) by facsimile, email or other transmission of the 12
information in the papers concerned. 13
17 First meeting 14
The Chairperson may call the first meeting of the National Board in any 15
manner the Chairperson thinks fit. 16
18 Defects in appointment of members 17
A decision of the National Board or of a committee of the National 18
Board is not invalidated by any defect or irregularity in the appointment 19
of any member (or acting member) of the National Board or of a 20
committee of the National Board. 21
Schedule 5 Investigators 22
(section 163) 23
Part 1 Power to obtain information 24
1 Powers of investigators 25
For the purposes of conducting an investigation, an investigator may, by 26
written notice given to a person, require the person to-- 27
(a) give stated information to the investigator within a stated 28
reasonable time and in a stated reasonable way; or 29
(b) attend before the investigator at a stated time and a stated place 30
to answer questions or produce documents. 31
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2 Offence for failing to produce information or attend before investigator 1
(1) A person required to give stated information to an investigator under 2
clause 1(a) must not fail, without reasonable excuse, to give the 3
information as required by the notice. 4
Maximum penalty-- 5
(a) in the case of an individual--$5,000; or 6
(b) in the case of a body corporate--$10,000. 7
(2) A person given a notice to attend before an investigator must not fail, 8
without reasonable excuse, to-- 9
(a) attend as required by the notice; and 10
(b) continue to attend as required by the investigator until excused 11
from further attendance; and 12
(c) answer a question the person is required to answer by the 13
investigator; and 14
(d) produce a document the person is required to produce by the 15
notice. 16
Maximum penalty-- 17
(a) in the case of an individual--$5,000; or 18
(b) in the case of a body corporate--$10,000. 19
(3) For the purposes of subclauses (1) and (2), it is a reasonable excuse for 20
an individual to fail to give stated information, answer a question or to 21
produce a document, if giving the information, answering the question 22
or producing the document might tend to incriminate the individual. 23
3 Inspection of documents 24
(1) If a document is produced to an investigator, the investigator may-- 25
(a) inspect the document; and 26
(b) make a copy of, or take an extract from, the document; and 27
(c) keep the document while it is necessary for the investigation. 28
(2) If the investigator keeps the document, the investigator must permit a 29
person otherwise entitled to possession of the document to inspect, 30
make a copy of, or take an extract from, the document at the reasonable 31
time and place decided by the investigator. 32
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Part 2 Power to enter places 1
4 Entering places 2
For the purposes of conducting an investigation, an investigator may 3
enter a place if-- 4
(a) its occupier consents to the entry of the place; or 5
(b) it is a public place and the entry is made when it is open to the 6
public; or 7
(c) the entry is authorised by a warrant. 8
5 Application for warrant 9
(1) An investigator may apply to a magistrate of a participating jurisdiction 10
for a warrant for a place. 11
(2) The investigator must prepare a written application that states the 12
grounds on which the warrant is sought. 13
(3) The written application must be sworn. 14
(4) The magistrate may refuse to consider the application until the 15
investigator gives the magistrate all the information the magistrate 16
requires about the application in the way the magistrate requires. 17
6 Issue of warrant 18
(1) The magistrate may issue the warrant only if the magistrate is satisfied 19
there are reasonable grounds for suspecting there is evidence about a 20
matter being investigated by the investigator at the place. 21
(2) The warrant must state-- 22
(a) that a stated investigator may, with necessary and reasonable help 23
and force-- 24
(i) enter the place and any other place necessary for entry; and 25
(ii) exercise the investigator's powers under this Part; and 26
(b) the matter for which the warrant is sought; and 27
(c) the evidence that may be seized under the warrant; and 28
(d) the hours of the day or night when the place may be entered; and 29
(e) the date, within 14 days after the warrant's issue, the warrant 30
ends. 31
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7 Application by electronic communication 1
(1) An investigator may apply for a warrant by phone, facsimile, email, 2
radio, video conferencing or another form of communication if the 3
investigator considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including the investigator's remote 6
location. 7
(2) The application-- 8
(a) may not be made before the investigator prepares the written 9
application under clause 5(2); but 10
(b) may be made before the written application is sworn. 11
(3) The magistrate may issue the warrant (the original warrant) only if the 12
magistrate is satisfied-- 13
(a) it was necessary to make the application under subclause (1); and 14
(b) the way the application was made under subclause (1) was 15
appropriate. 16
(4) After the magistrate issues the original warrant-- 17
(a) if there is a reasonably practicable way of immediately giving a 18
copy of the warrant to the investigator, for example, by sending a 19
copy by fax or email, the magistrate must immediately give a 20
copy of the warrant to the investigator; or 21
(b) otherwise-- 22
(i) the magistrate must tell the investigator the date and time 23
the warrant is issued and the other terms of the warrant; 24
and 25
(ii) the investigator must complete a form of warrant including 26
by writing on it-- 27
(A) the magistrate's name; and 28
(B) the date and time the magistrate issued the warrant; 29
and 30
(C) the other terms of the warrant. 31
(5) The copy of the warrant referred to in subclause (4)(a), or the form of 32
warrant completed under subclause (4)(b) (in either case the duplicate 33
warrant), is a duplicate of, and as effectual as, the original warrant. 34
(6) The investigator must, at the first reasonable opportunity, send to the 35
magistrate-- 36
(a) the written application complying with clause 5(2) and (3); and 37
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(b) if the investigator completed a form of warrant under subclause 1
(4)(b), the completed form of warrant. 2
(7) The magistrate must keep the original warrant and, on receiving the 3
documents under subclause (6), file the original warrant and documents 4
in the court. 5
(8) Despite subclause (5), if-- 6
(a) an issue arises in a proceeding about whether an exercise of a 7
power was authorised by a warrant issued under this clause; and 8
(b) the original warrant is not produced in evidence; 9
the onus of proof is on the person relying on the lawfulness of the 10
exercise of the power to prove a warrant authorised the exercise of the 11
power. 12
(9) This clause does not limit clause 5. 13
8 Procedure before entry under warrant 14
(1) Before entering a place under a warrant, an investigator must do or 15
make a reasonable attempt to do the following-- 16
(a) identify himself or herself to a person present at the place who is 17
an occupier of the place by producing the investigator's identity 18
card or another document evidencing the investigator's 19
appointment; 20
(b) give the person a copy of the warrant; 21
(c) tell the person the investigator is permitted by the warrant to enter 22
the place; 23
(d) give the person an opportunity to allow the investigator 24
immediate entry to the place without using force. 25
(2) However, the investigator need not comply with subclause (1) if the 26
investigator reasonably believes that immediate entry to the place is 27
required to ensure the effective execution of the warrant is not 28
frustrated. 29
9 Powers after entering places 30
(1) This clause applies if an investigator enters a place under clause 4. 31
(2) The investigator may for the purposes of the investigation do the 32
following-- 33
(a) search any part of the place; 34
(b) inspect, measure, test, photograph or film any part of the place or 35
anything at the place; 36
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(c) take a thing, or a sample of or from a thing, at the place for 1
analysis, measurement or testing; 2
(d) copy, or take an extract from, a document, at the place; 3
(e) take into or onto the place any person, equipment and materials 4
the investigator reasonably requires for exercising a power under 5
this Part; 6
(f) require the occupier of the place, or a person at the place, to give 7
the investigator reasonable help to exercise the investigator's 8
powers under paragraphs (a) to (e); 9
(g) require the occupier of the place, or a person at the place, to give 10
the investigator information to help the investigator in 11
conducting the investigation. 12
(3) When making a requirement referred to in subclause (2)(f) or (g), the 13
investigator must warn the person it is an offence to fail to comply with 14
the requirement unless the person has a reasonable excuse. 15
10 Offences for failing to comply with requirement under clause 9 16
(1) A person required to give reasonable help under clause 9(2)(f) must 17
comply with the requirement, unless the person has a reasonable excuse. 18
Maximum penalty-- 19
(a) in the case of an individual--$5,000; or 20
(b) in the case of a body corporate--$10,000. 21
(2) A person of whom a requirement is made under clause 9(2)(g) must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty-- 24
(a) in the case of an individual--$5,000; or 25
(b) in the case of a body corporate--$10,000. 26
(3) It is a reasonable excuse for an individual not to comply with a 27
requirement under clause 9(2)(f) or (g) that complying with the 28
requirement might tend to incriminate the individual. 29
11 Seizure of evidence 30
(1) An investigator who enters a public place when the place is open to the 31
public may seize a thing at the place if the investigator reasonably 32
believes the thing is evidence that is relevant to the investigation being 33
conducted by the investigator. 34
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(2) If an investigator enters a place with the occupier's consent, the 1
investigator may seize a thing at the place if-- 2
(a) the investigator reasonably believes the thing is evidence that is 3
relevant to the investigation being conducted by the investigator; 4
and 5
(b) seizure of the thing is consistent with the purpose of the entry as 6
told to the occupier when asking for the occupier's consent. 7
(3) If an investigator enters a place with a warrant, the investigator may 8
seize the evidence for which the warrant was issued. 9
(4) For the purposes of subclauses (2) and (3), the investigator may also 10
seize anything else at the place if the investigator reasonably believes-- 11
(a) the thing is evidence that is relevant to the investigation; and 12
(b) the seizure is necessary to prevent the thing being hidden, lost or 13
destroyed. 14
12 Securing seized things 15
Having seized a thing, an investigator may-- 16
(a) move the thing from the place where it was seized; or 17
(b) leave the thing at the place where it was seized but take 18
reasonable action to restrict access to it. 19
13 Receipt for seized things 20
(1) As soon as practicable after an investigator seizes a thing, the 21
investigator must give a receipt for it to the person from whom it was 22
seized. 23
(2) However, if for any reason it is not practicable to comply with subclause 24
(1), the investigator must leave the receipt at the place of seizure in a 25
conspicuous position and in a reasonably secure way. 26
(3) The receipt must describe generally the seized thing and its condition. 27
(4) This clause does not apply to a thing if it is impracticable or would be 28
unreasonable to give the receipt given the thing's nature, condition and 29
value. 30
14 Forfeiture of seized thing 31
(1) A seized thing is forfeited to the National Agency if the investigator 32
who seized the thing-- 33
(a) cannot find its owner, after making reasonable inquiries; or 34
(b) cannot return it to its owner, after making reasonable efforts. 35
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(2) In applying subclause (1)-- 1
(a) subclause (1)(a) does not require the investigator to make 2
inquiries if it would be unreasonable to make inquiries to find the 3
owner; and 4
(b) subclause (1)(b) does not require the investigator to make efforts 5
if it would be unreasonable to make efforts to return the thing to 6
its owner. 7
(3) Regard must be had to a thing's nature, condition and value in 8
deciding-- 9
(a) whether it is reasonable to make inquiries or efforts; and 10
(b) if making inquiries or efforts, what inquiries or efforts, including 11
the period over which they are made, are reasonable. 12
15 Dealing with forfeited things 13
(1) On the forfeiture of a thing to the National Agency, the thing becomes 14
the Agency's property and may be dealt with by the Agency as the 15
Agency considers appropriate. 16
(2) Without limiting subclause (1), the National Agency may destroy or 17
dispose of the thing. 18
16 Return of seized things 19
(1) If a seized thing has not been forfeited, the investigator must return it to 20
its owner-- 21
(a) at the end of 6 months; or 22
(b) if proceedings involving the thing are started within 6 months, at 23
the end of the proceedings and any appeal from the proceedings. 24
(2) Despite subclause (1), unless the thing has been forfeited, the 25
investigator must immediately return a thing seized as evidence to its 26
owner if the investigator is no longer satisfied its continued retention as 27
evidence is necessary. 28
17 Access to seized things 29
(1) Until a seized thing is forfeited or returned, an investigator must allow 30
its owner to inspect it and, if it is a document, to copy it. 31
(2) Subclause (1) does not apply if it is impracticable or would be 32
unreasonable to allow the inspection or copying. 33
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Part 3 General matters 1
18 Damage to property 2
(1) This clause applies if-- 3
(a) an investigator damages property when exercising or purporting 4
to exercise a power; or 5
(b) a person (the other person) acting under the direction of an 6
investigator damages property. 7
(2) The investigator must promptly give written notice of particulars of the 8
damage to the person who appears to the investigator to be the owner of 9
the property. 10
(3) If the investigator believes the damage was caused by a latent defect in 11
the property or circumstances beyond the investigator's or other 12
person's control, the investigator must state the belief in the notice. 13
(4) If, for any reason, it is impracticable to comply with subclause (2), the 14
investigator must leave the notice in a conspicuous position and in a 15
reasonably secure way where the damage happened. 16
(5) This clause does not apply to damage the investigator reasonably 17
believes is trivial. 18
(6) In this clause-- 19
owner, of property, includes the person in possession or control of it. 20
19 Compensation 21
(1) A person may claim compensation from the National Agency if the 22
person incurs loss or expense because of the exercise or purported 23
exercise of a power under this Schedule by the investigator. 24
(2) Without limiting subclause (1), compensation may be claimed for loss 25
or expense incurred in complying with a requirement made of the 26
person under this Schedule. 27
(3) Compensation may be claimed and ordered to be paid in a proceeding 28
brought in a court with jurisdiction for the recovery of the amount of 29
compensation claimed. 30
(4) A court may order compensation to be paid only if it is satisfied it is fair 31
to make the order in the circumstances of the particular case. 32
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20 False or misleading information 1
A person must not state anything to an investigator that the person 2
knows is false or misleading in a material particular. 3
Maximum penalty-- 4
(a) in the case of an individual--$5,000; or 5
(b) in the case of a body corporate--$10,000. 6
21 False or misleading documents 7
(1) A person must not give an investigator a document containing 8
information the person knows is false or misleading in a material 9
particular. 10
Maximum penalty-- 11
(a) in the case of an individual--$5,000; or 12
(b) in the case of a body corporate--$10,000. 13
(2) Subclause (1) does not apply to a person who, when giving the 14
document-- 15
(a) informs the investigator, to the best of the person's ability, how it 16
is false or misleading; and 17
(b) gives the correct information to the investigator if the person has, 18
or can reasonably obtain, the correct information. 19
22 Obstructing investigators 20
(1) A person must not obstruct an investigator in the exercise of a power, 21
unless the person has a reasonable excuse. 22
Maximum penalty-- 23
(a) in the case of an individual--$5,000; or 24
(b) in the case of a body corporate--$10,000. 25
(2) If a person has obstructed an investigator and the investigator decides to 26
proceed with the exercise of the power, the investigator must warn the 27
person that-- 28
(a) it is an offence to obstruct the investigator, unless the person has 29
a reasonable excuse; and 30
(b) the investigator considers the person's conduct is an obstruction. 31
(3) In this clause-- 32
obstruct includes hinder and attempt to obstruct or hinder. 33
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23 Impersonation of investigators 1
A person must not pretend to be an investigator. 2
Maximum penalty-- $5,000. 3
Schedule 6 Inspectors 4
(Section 238) 5
Part 1 Power to obtain information 6
1 Powers of inspectors 7
(1) This clause applies if an inspector reasonably believes-- 8
(a) an offence against this Law has been committed; and 9
(b) a person may be able to give information about the offence. 10
(2) The inspector may, by written notice given to a person, require the 11
person to-- 12
(a) give stated information to the inspector within a stated reasonable 13
time and in a stated reasonable way; or 14
(b) attend before the inspector at a stated time and a stated place to 15
answer questions or produce documents. 16
2 Offence for failing to produce information or attend before inspector 17
(1) A person required to give stated information to an inspector under 18
clause 1(2)(a) must not fail, without reasonable excuse, to give the 19
information as required by the notice. 20
Maximum penalty-- 21
(a) in the case of an individual--$5,000; or 22
(b) in the case of a body corporate--$10,000. 23
(2) A person given a notice to attend before an inspector must not fail, 24
without reasonable excuse, to-- 25
(a) attend as required by the notice; and 26
(b) continue to attend as required by the inspector until excused from 27
further attendance; and 28
(c) answer a question the person is required to answer by the 29
inspector; and 30
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(d) produce a document the person is required to produce by the 1
notice. 2
Maximum penalty-- 3
(a) in the case of an individual--$5,000; or 4
(b) in the case of a body corporate--$10,000. 5
(3) For the purposes of subclauses (1) and (2), it is a reasonable excuse for 6
an individual to fail to give stated information, answer a question or to 7
produce a document, if giving the information, answering the question 8
or producing the document might tend to incriminate the individual. 9
3 Inspection of documents 10
(1) If a document is produced to an inspector, the inspector may-- 11
(a) inspect the document; and 12
(b) make a copy of, or take an extract from, the document; and 13
(c) keep the document while it is necessary for the investigation. 14
(2) If the inspector keeps the document, the inspector must permit a person 15
otherwise entitled to possession of the document to inspect, make a 16
copy of, or take an extract from, the document at the reasonable time 17
and place decided by the inspector. 18
Part 2 Power to enter places 19
4 Entering places 20
An inspector may enter a place if-- 21
(a) its occupier consents to the entry of the place; or 22
(b) it is a public place and the entry is made when it is open to the 23
public; or 24
(c) the entry is authorised by a warrant. 25
5 Application for warrant 26
(1) An inspector may apply to a magistrate of a participating jurisdiction for 27
a warrant for a place. 28
(2) The inspector must prepare a written application that states the grounds 29
on which the warrant is sought. 30
(3) The written application must be sworn. 31
(4) The magistrate may refuse to consider the application until the inspector 32
gives the magistrate all the information the magistrate requires about the 33
application in the way the magistrate requires. 34
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6 Issue of warrant 1
(1) The magistrate may issue the warrant only if the magistrate is satisfied 2
there are reasonable grounds for suspecting there is a particular thing or 3
activity that may provide evidence of an offence against this Law at the 4
place. 5
(2) The warrant must state-- 6
(a) that a stated inspector may, with necessary and reasonable help 7
and force-- 8
(i) enter the place and any other place necessary for entry; and 9
(ii) exercise the inspector's powers under this Part; and 10
(b) the matter for which the warrant is sought; and 11
(c) the evidence that may be seized under the warrant; and 12
(d) the hours of the day or night when the place may be entered; and 13
(e) the date, within 14 days after the warrant's issue, the warrant 14
ends. 15
7 Application by electronic communication 16
(1) An inspector may apply for a warrant by phone, facsimile, email, radio, 17
video conferencing or another form of communication if the inspector 18
considers it necessary because of-- 19
(a) urgent circumstances; or 20
(b) other special circumstances, including the inspector's remote 21
location. 22
(2) The application-- 23
(a) may not be made before the inspector prepares the written 24
application under clause 5(2); but 25
(b) may be made before the written application is sworn. 26
(3) The magistrate may issue the warrant (the original warrant) only if the 27
magistrate is satisfied-- 28
(a) it was necessary to make the application under subclause (1); and 29
(b) the way the application was made under subclause (1) was 30
appropriate. 31
(4) After the magistrate issues the original warrant-- 32
(a) if there is a reasonably practicable way of immediately giving a 33
copy of the warrant to the inspector, for example, by sending a 34
copy by fax or email, the magistrate must immediately give a 35
copy of the warrant to the inspector; or 36
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(b) otherwise-- 1
(i) the magistrate must tell the inspector the date and time the 2
warrant is issued and the other terms of the warrant; and 3
(ii) the inspector must complete a form of warrant including 4
by writing on it-- 5
(A) the magistrate's name; and 6
(B) the date and time the magistrate issued the warrant; 7
and 8
(C) the other terms of the warrant. 9
(5) The copy of the warrant referred to in subclause (4)(a), or the form of 10
warrant completed under subclause (4)(b) (in either case the duplicate 11
warrant), is a duplicate of, and as effectual as, the original warrant. 12
(6) The inspector must, at the first reasonable opportunity, send to the 13
magistrate-- 14
(a) the written application complying with clause 5(2) and (3); and 15
(b) if the inspector completed a form of warrant under subclause 16
(4)(b), the completed form of warrant. 17
(7) The magistrate must keep the original warrant and, on receiving the 18
documents under subclause (6), file the original warrant and documents 19
in the court. 20
(8) Despite subclause (5), if-- 21
(a) an issue arises in a proceeding about whether an exercise of a 22
power was authorised by a warrant issued under this clause; and 23
(b) the original warrant is not produced in evidence; 24
the onus of proof is on the person relying on the lawfulness of the 25
exercise of the power to prove a warrant authorised the exercise of the 26
power. 27
(9) This clause does not limit clause 5. 28
8 Procedure before entry under warrant 29
(1) Before entering a place under a warrant, an inspector must do or make 30
a reasonable attempt to do the following-- 31
(a) identify himself or herself to a person present at the place who is 32
an occupier of the place by producing the inspector's identity 33
card or another document evidencing the inspector's 34
appointment; 35
(b) give the person a copy of the warrant; 36
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(c) tell the person the inspector is permitted by the warrant to enter 1
the place; 2
(d) give the person an opportunity to allow the inspector immediate 3
entry to the place without using force. 4
(2) However, the inspector need not comply with subclause (1) if the 5
inspector reasonably believes that immediate entry to the place is 6
required to ensure the effective execution of the warrant is not 7
frustrated. 8
9 Powers after entering places 9
(1) This clause applies if an inspector enters a place under clause 4. 10
(2) The inspector may for the purposes of the investigation do the 11
following-- 12
(a) search any part of the place; 13
(b) inspect, measure, test, photograph or film any part of the place or 14
anything at the place; 15
(c) take a thing, or a sample of or from a thing, at the place for 16
analysis, measurement or testing; 17
(d) copy, or take an extract from, a document, at the place; 18
(e) take into or onto the place any person, equipment and materials 19
the inspector reasonably requires for exercising a power under 20
this Part; 21
(f) require the occupier of the place, or a person at the place, to give 22
the inspector reasonable help to exercise the inspector's powers 23
under paragraphs (a) to (e); 24
(g) require the occupier of the place, or a person at the place, to give 25
the inspector information to help the inspector ascertain whether 26
this Law is being complied with. 27
(3) When making a requirement referred to in subclause (2)(f) or (g), the 28
inspector must warn the person it is an offence to fail to comply with the 29
requirement unless the person has a reasonable excuse. 30
10 Offences for failing to comply with requirement under clause 9 31
(1) A person required to give reasonable help under clause 9(2)(f) must 32
comply with the requirement, unless the person has a reasonable excuse. 33
Maximum penalty-- 34
(a) in the case of an individual--$5,000; or 35
(b) in the case of a body corporate--$10,000. 36
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(2) A person of whom a requirement is made under clause 9(2)(g) must 1
comply with the requirement, unless the person has a reasonable excuse. 2
Maximum penalty-- 3
(a) in the case of an individual--$5,000; or 4
(b) in the case of a body corporate--$10,000. 5
(3) It is a reasonable excuse for an individual not to comply with a 6
requirement under clause 9(2)(f) or (g) that complying with the 7
requirement might tend to incriminate the individual. 8
11 Seizure of evidence 9
(1) An inspector who enters a public place when the place is open to the 10
public may seize a thing at the place if the inspector reasonably believes 11
the thing is evidence that is relevant to the investigation being 12
conducted by the inspector. 13
(2) If an inspector enters a place with the occupier's consent, the inspector 14
may seize a thing at the place if-- 15
(a) the inspector reasonably believes the thing is evidence that is 16
relevant to the investigation being conducted by the inspector; 17
and 18
(b) seizure of the thing is consistent with the purpose of the entry as 19
told to the occupier when asking for the occupier's consent. 20
(3) If an inspector enters a place with a warrant, the inspector may seize the 21
evidence for which the warrant was issued. 22
(4) For the purposes of subclauses (2) and (3), the inspector may also seize 23
anything else at the place if the inspector reasonably believes-- 24
(a) the thing is evidence that is relevant to the investigation; and 25
(b) the seizure is necessary to prevent the thing being hidden, lost or 26
destroyed. 27
12 Securing seized things 28
Having seized a thing, an inspector may-- 29
(a) move the thing from the place where it was seized; or 30
(b) leave the thing at the place where it was seized but take 31
reasonable action to restrict access to it. 32
13 Receipt for seized things 33
(1) As soon as practicable after an inspector seizes a thing, the inspector 34
must give a receipt for it to the person from whom it was seized. 35
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(2) However, if for any reason it is not practicable to comply with 1
subclause (1), the inspector must leave the receipt at the place of seizure 2
in a conspicuous position and in a reasonably secure way. 3
(3) The receipt must describe generally the seized thing and its condition. 4
(4) This clause does not apply to a thing if it is impracticable or would be 5
unreasonable to give the receipt given the thing's nature, condition and 6
value. 7
14 Forfeiture of seized thing 8
(1) A seized thing is forfeited to the National Agency if the inspector who 9
seized the thing-- 10
(a) cannot find its owner, after making reasonable inquiries; or 11
(b) cannot return it to its owner, after making reasonable efforts. 12
(2) In applying subclause (1)-- 13
(a) subclause (1)(a) does not require the inspector to make inquiries 14
if it would be unreasonable to make inquiries to find the owner; 15
and 16
(b) subclause (1)(b) does not require the inspector to make efforts if 17
it would be unreasonable to make efforts to return the thing to its 18
owner. 19
(3) Regard must be had to a thing's nature, condition and value in 20
deciding-- 21
(a) whether it is reasonable to make inquiries or efforts; and 22
(b) if making inquiries or efforts, what inquiries or efforts, including 23
the period over which they are made, are reasonable. 24
15 Dealing with forfeited things 25
(1) On the forfeiture of a thing to the National Agency, the thing becomes 26
the Agency's property and may be dealt with by the Agency as the 27
Agency considers appropriate. 28
(2) Without limiting subclause (1), the National Agency may destroy or 29
dispose of the thing. 30
16 Return of seized things 31
(1) If a seized thing has not been forfeited, the inspector must return it to its 32
owner-- 33
(a) at the end of 6 months; or 34
(b) if proceedings involving the thing are started within 6 months, at 35
the end of the proceedings and any appeal from the proceedings. 36
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(2) Despite subclause (1), unless the thing has been forfeited, the inspector 1
must immediately return a thing seized as evidence to its owner if the 2
inspector is no longer satisfied its continued retention as evidence is 3
necessary. 4
17 Access to seized things 5
(1) Until a seized thing is forfeited or returned, an inspector must allow its 6
owner to inspect it and, if it is a document, to copy it. 7
(2) Subclause (1) does not apply if it is impracticable or would be 8
unreasonable to allow the inspection or copying. 9
Part 3 General matters 10
18 Damage to property 11
(1) This clause applies if-- 12
(a) an inspector damages property when exercising or purporting to 13
exercise a power; or 14
(b) a person (the other person) acting under the direction of an 15
inspector damages property. 16
(2) The inspector must promptly give written notice of particulars of the 17
damage to the person who appears to the inspector to be the owner of 18
the property. 19
(3) If the inspector believes the damage was caused by a latent defect in the 20
property or circumstances beyond the inspector's or other person's 21
control, the inspector must state the belief in the notice. 22
(4) If, for any reason, it is impracticable to comply with subclause (2), the 23
inspector must leave the notice in a conspicuous position and in a 24
reasonably secure way where the damage happened. 25
(5) This clause does not apply to damage the inspector reasonably believes 26
is trivial. 27
(6) In this clause-- 28
owner, of property, includes the person in possession or control of it. 29
19 Compensation 30
(1) A person may claim compensation from the National Agency if the 31
person incurs loss or expense because of the exercise or purported 32
exercise of a power under this Schedule by the inspector. 33
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(2) Without limiting subclause (1), compensation may be claimed for loss 1
or expense incurred in complying with a requirement made of the 2
person under this Schedule. 3
(3) Compensation may be claimed and ordered to be paid in a proceeding 4
brought in a court with jurisdiction for the recovery of the amount of 5
compensation claimed. 6
(4) A court may order compensation to be paid only if it is satisfied it is fair 7
to make the order in the circumstances of the particular case. 8
20 False or misleading information 9
A person must not state anything to an inspector that the person knows 10
is false or misleading in a material particular. 11
Maximum penalty-- 12
(a) in the case of an individual--$5,000; or 13
(b) in the case of a body corporate--$10,000. 14
21 False or misleading documents 15
(1) A person must not give an inspector a document containing information 16
the person knows is false or misleading in a material particular. 17
Maximum penalty-- 18
(a) in the case of an individual--$5,000; or 19
(b) in the case of a body corporate--$10,000. 20
(2) Subclause (1) does not apply to a person who, when giving the 21
document-- 22
(a) informs the inspector, to the best of the person's ability, how it is 23
false or misleading; and 24
(b) gives the correct information to the inspector if the person has, or 25
can reasonably obtain, the correct information. 26
22 Obstructing inspectors 27
(1) A person must not obstruct an inspector in the exercise of a power, 28
unless the person has a reasonable excuse. 29
Maximum penalty-- 30
(a) in the case of an individual--$5,000; or 31
(b) in the case of a body corporate--$10,000. 32
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(2) If a person has obstructed an inspector and the inspector decides to 1
proceed with the exercise of the power, the inspector must warn the 2
person that-- 3
(a) it is an offence to obstruct the inspector, unless the person has a 4
reasonable excuse; and 5
(b) the inspector considers the person's conduct is an obstruction. 6
(3) In this clause-- 7
obstruct includes hinder and attempt to obstruct or hinder. 8
23 Impersonation of inspectors 9
A person must not pretend to be an inspector. 10
Maximum penalty-- $5,000. 11
Schedule 7 Miscellaneous provisions relating to 12
interpretation 13
(Section 6) 14
Part 1 Preliminary 15
1 Displacement of Schedule by contrary intention 16
The application of this Schedule may be displaced, wholly or partly, by 17
a contrary intention appearing in this Law. 18
Part 2 General 19
2 Law to be construed not to exceed legislative power of Legislature 20
(1) This Law is to be construed as operating to the full extent of, but so as 21
not to exceed, the legislative power of the Legislature of this 22
jurisdiction. 23
(2) If a provision of this Law, or the application of a provision of this Law 24
to a person, subject matter or circumstance, would, but for this clause, 25
be construed as being in excess of the legislative power of the 26
Legislature of this jurisdiction-- 27
(a) it is a valid provision to the extent to which it is not in excess of 28
the power; and 29
(b) the remainder of this Law, and the application of the provision to 30
other persons, subject matters or circumstances, is not affected. 31
(3) This clause applies to this Law in addition to, and without limiting the 32
effect of, any provision of this Law. 33
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3 Every section to be a substantive enactment 1
Every section of this Law has effect as a substantive enactment without 2
introductory words. 3
4 Material that is, and is not, part of this Law 4
(1) The heading to a Part, Division or Subdivision into which this Law is 5
divided is part of this Law. 6
(2) A Schedule to this Law is part of this Law. 7
(3) Punctuation in this Law is part of this Law. 8
(4) A heading to a section or subsection of this Law does not form part of 9
this Law. 10
(5) Notes included in this Law (including footnotes and endnotes) do not 11
form part of this Law. 12
5 References to particular Acts and to enactments 13
In this Law-- 14
(a) an Act of this jurisdiction may be cited-- 15
(i) by its short title; or 16
(ii) by reference to the year in which it was passed and its 17
number; and 18
(b) a Commonwealth Act may be cited-- 19
(i) by its short title; or 20
(ii) in another way sufficient in a Commonwealth Act for the 21
citation of such an Act; 22
together with a reference to the Commonwealth; and 23
(c) an Act of another jurisdiction may be cited-- 24
(i) by its short title; or 25
(ii) in another way sufficient in an Act of the jurisdiction for 26
the citation of such an Act; 27
together with a reference to the jurisdiction. 28
6 References taken to be included in Act or Law citation etc 29
(1) A reference in this Law to an Act includes a reference to-- 30
(a) the Act as originally enacted, and as amended from time to time 31
since its original enactment; and 32
(b) if the Act has been repealed and re-enacted (with or without 33
modification) since the enactment of the reference--the Act as 34
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re-enacted, and as amended from time to time since its 1
re-enactment. 2
(2) A reference in this Law to a provision of this Law or of an Act includes 3
a reference to-- 4
(a) the provision as originally enacted, and as amended from time to 5
time since its original enactment; and 6
(b) if the provision has been omitted and re-enacted (with or without 7
modification) since the enactment of the reference--the 8
provision as re-enacted, and as amended from time to time since 9
its re-enactment. 10
(3) Subclauses (1) and (2) apply to a reference in this Law to a law of the 11
Commonwealth or another jurisdiction as they apply to a reference in 12
this Law to an Act and to a provision of an Act. 13
7 Interpretation best achieving Law's purpose 14
(1) In the interpretation of a provision of this Law, the interpretation that 15
will best achieve the purpose or object of this Law is to be preferred to 16
any other interpretation. 17
(2) Subclause (1) applies whether or not the purpose is expressly stated in 18
this Law. 19
8 Use of extrinsic material in interpretation 20
(1) In this clause-- 21
extrinsic material means relevant material not forming part of this Law, 22
including, for example-- 23
(a) material that is set out in the document containing the text of this 24
Law as printed by the Government Printer; and 25
(b) a relevant report of a Royal Commission, Law Reform 26
Commission, commission or committee of inquiry, or a similar 27
body, that was laid before the Parliament of this jurisdiction 28
before the provision concerned was enacted; and 29
(c) a relevant report of a committee of the Parliament of this 30
jurisdiction that was made to the Parliament before the provision 31
was enacted; and 32
(d) a treaty or other international agreement that is mentioned in this 33
Law; and 34
(e) an explanatory note or memorandum relating to the Bill that 35
contained the provision, or any relevant document, that was laid 36
before, or given to the members of, the Parliament of this 37
jurisdiction by the member bringing in the Bill before the 38
provision was enacted; and 39
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(f) the speech made to the Parliament of this jurisdiction by the 1
member in moving a motion that the Bill be read a second time; 2
and 3
(g) material in the Votes and Proceedings of the Parliament of this 4
jurisdiction or in any official record of debates in the Parliament 5
of this jurisdiction; and 6
(h) a document that is declared by this Law to be a relevant document 7
for the purposes of this clause. 8
ordinary meaning means the ordinary meaning conveyed by a 9
provision having regard to its context in this Law and to the purpose of 10
this Law. 11
(2) Subject to subclause (3), in the interpretation of a provision of this Law, 12
consideration may be given to extrinsic material capable of assisting in 13
the interpretation-- 14
(a) if the provision is ambiguous or obscure--to provide an 15
interpretation of it; or 16
(b) if the ordinary meaning of the provision leads to a result that is 17
manifestly absurd or is unreasonable--to provide an 18
interpretation that avoids such a result; or 19
(c) in any other case--to confirm the interpretation conveyed by the 20
ordinary meaning of the provision. 21
(3) In determining whether consideration should be given to extrinsic 22
material, and in determining the weight to be given to extrinsic material, 23
regard is to be had to-- 24
(a) the desirability of a provision being interpreted as having its 25
ordinary meaning; and 26
(b) the undesirability of prolonging proceedings without 27
compensating advantage; and 28
(c) other relevant matters. 29
9 Effect of change of drafting practice and use of examples 30
If-- 31
(a) a provision of this Law expresses an idea in particular words; and 32
(b) a provision enacted later appears to express the same idea in 33
different words for the purpose of implementing a different 34
legislative drafting practice, including, for example-- 35
(i) the use of a clearer or simpler style; or 36
(ii) the use of gender-neutral language; 37
the ideas must not be taken to be different merely because 38
different words are used. 39
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10 Use of examples 1
If this Law includes an example of the operation of a provision-- 2
(a) the example is not exhaustive; and 3
(b) the example does not limit, but may extend, the meaning of the 4
provision; and 5
(c) the example and the provision are to be read in the context of each 6
other and the other provisions of this Law, but, if the example and 7
the provision so read are inconsistent, the provision prevails. 8
11 Compliance with forms 9
(1) If a form is prescribed or approved by or for the purpose of this Law, 10
strict compliance with the form is not necessary and substantial 11
compliance is sufficient. 12
(2) If a form prescribed or approved by or for the purpose of this Law 13
requires-- 14
(a) the form to be completed in a specified way; or 15
(b) specified information or documents to be included in, attached to 16
or given with the form; or 17
(c) the form, or information or documents included in, attached to or 18
given with the form, to be verified in a specified way, 19
the form is not properly completed unless the requirement is complied 20
with. 21
Part 3 Terms and references 22
12 Definitions 23
(1) In this Law-- 24
Act means an Act of the Legislature of this jurisdiction. 25
adult means an individual who is 18 or more. 26
affidavit, in relation to a person allowed by law to affirm, declare or 27
promise, includes affirmation, declaration and promise. 28
amend includes-- 29
(a) omit or omit and substitute; or 30
(b) alter or vary; or 31
(c) amend by implication. 32
appoint includes reappoint. 33
Australia means the Commonwealth of Australia but, when used in a 34
geographical sense, does not include an external Territory. 35
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business day means a day that is not-- 1
(a) a Saturday or Sunday; or 2
(b) a public holiday, special holiday or bank holiday in the place in 3
which any relevant act is to be or may be done. 4
calendar month means a period starting at the beginning of any day of 5
one of the 12 named months and ending-- 6
(a) immediately before the beginning of the corresponding day of the 7
next named month; or 8
(b) if there is no such corresponding day--at the end of the next 9
named month. 10
calendar year means a period of 12 months beginning on 1 January. 11
commencement, in relation to this Law or an Act or a provision of this 12
Law or an Act, means the time at which this Law, the Act or provision 13
comes into operation. 14
Commonwealth means the Commonwealth of Australia but, when used 15
in a geographical sense, does not include an external Territory. 16
confer, in relation to a function, includes impose. 17
contravene includes fail to comply with. 18
country includes-- 19
(a) a federation; or 20
(b) a state, province or other part of a federation. 21
date of assent, in relation to an Act, means the day on which the Act 22
receives the Royal Assent. 23
definition means a provision of this Law (however expressed) that-- 24
(a) gives a meaning to a word or expression; or 25
(b) limits or extends the meaning of a word or expression. 26
document includes-- 27
(a) any paper or other material on which there is writing; or 28
(b) any paper or other material on which there are marks, figures, 29
symbols or perforations having a meaning for a person qualified 30
to interpret them; or 31
(c) any disc, tape or other article or any material from which sounds, 32
images, writings or messages are capable of being reproduced 33
(with or without the aid of another article or device). 34
electronic communication means-- 35
(a) a communication of information in the form of data, text or 36
images by means of guided or unguided electromagnetic energy, 37
or both; or 38
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(b) a communication of information in the form of sound by means 1
of guided or unguided electromagnetic energy, or both, where the 2
sound is processed at its destination by an automated voice 3
recognition system. 4
estate includes easement, charge, right, title, claim, demand, lien or 5
encumbrance, whether at law or in equity. 6
expire includes lapse or otherwise cease to have effect. 7
external Territory means a Territory, other than an internal Territory, 8
for the government of which as a Territory provision is made by a 9
Commonwealth Act. 10
fail includes refuse. 11
financial year means a period of 12 months beginning on 1 July. 12
foreign country means a country (whether or not an independent 13
sovereign State) outside Australia and the external Territories. 14
function includes a power, authority or duty. 15
Gazette means the Government Gazette of this jurisdiction. 16
gazetted means published in the Gazette. 17
Gazette notice means notice published in the Gazette. 18
Government Printer means the Government Printer of this jurisdiction, 19
and includes any other person authorised by the Government of this 20
jurisdiction to print an Act or instrument. 21
individual means a natural person. 22
information system means a system for generating, sending, receiving, 23
storing or otherwise processing electronic communications. 24
insert, in relation to a provision of this Law, includes substitute. 25
instrument includes a statutory instrument. 26
interest, in relation to land or other property, means-- 27
(a) a legal or equitable estate in the land or other property; or 28
(b) a right, power or privilege over, or in relation to, the land or other 29
property. 30
internal Territory means the Australian Capital Territory, the Jervis 31
Bay Territory or the Northern Territory. 32
Jervis Bay Territory means the Territory mentioned in the Jervis Bay 33
Territory Acceptance Act 1915 (Cwlth). 34
make includes issue or grant. 35
minor means an individual who is under 18. 36
modification includes addition, omission or substitution. 37
month means a calendar month. 38
named month means 1 of the 12 months of the year. 39
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Northern Territory means the Northern Territory of Australia. 1
number means-- 2
(a) a number expressed in figures or words; or 3
(b) a letter; or 4
(c) a combination of a number so expressed and a letter. 5
oath, in relation to a person allowed by law to affirm, declare or 6
promise, includes affirmation, declaration or promise. 7
office includes position. 8
omit, in relation to a provision of this Law or an Act, includes repeal. 9
party includes an individual or a body politic or corporate. 10
penalty includes forfeiture or punishment. 11
person includes an individual or a body politic or corporate. 12
power includes authority. 13
prescribed means prescribed by, or by regulations made or in force for 14
the purposes of or under, this Law. 15
printed includes typewritten, lithographed or reproduced by any 16
mechanical means. 17
proceeding means a legal or other action or proceeding. 18
property means any legal or equitable estate or interest (whether present 19
or future, vested or contingent, or tangible or intangible) in real or 20
personal property of any description (including money), and includes 21
things in action. 22
provision, in relation to this Law or an Act, means words or other matter 23
that form or forms part of this Law or the Act, and includes-- 24
(a) a Chapter, Part, Division, Subdivision, section, subsection, 25
paragraph, subparagraph, sub-subparagraph or Schedule of or to 26
this Law or the Act; or 27
(b) a section, clause, subclause, item, column, table or form of or in 28
a Schedule to this Law or the Act; or 29
(c) the long title and any preamble to the Act. 30
record includes information stored or recorded by means of a computer. 31
repeal includes-- 32
(a) revoke or rescind; or 33
(b) repeal by implication; or 34
(c) abrogate or limit the effect of this Law or instrument concerned; 35
or 36
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(d) exclude from, or include in, the application of this Law or 1
instrument concerned any person, subject matter or 2
circumstance. 3
sign includes the affixing of a seal or the making of a mark. 4
statutory declaration means a declaration made under an Act, or under 5
a Commonwealth Act or an Act of another jurisdiction, that authorises 6
a declaration to be made otherwise than in the course of a judicial 7
proceeding. 8
statutory instrument means an instrument (including a regulation) 9
made or in force under or for the purposes of this Law, and includes an 10
instrument made or in force under any such instrument. 11
swear, in relation to a person allowed by law to affirm, declare or 12
promise, includes affirm, declare or promise. 13
word includes any symbol, figure or drawing. 14
writing includes any mode of representing or reproducing words in a 15
visible form. 16
(2) In a statutory instrument-- 17
the Law means this Law. 18
13 Provisions relating to defined terms and gender and number 19
(1) If this Law defines a word or expression, other parts of speech and 20
grammatical forms of the word or expression have corresponding 21
meanings. 22
(2) Definitions in or applicable to this Law apply except so far as the 23
context or subject matter otherwise indicates or requires. 24
(3) In this Law, words indicating a gender include each other gender. 25
(4) In this Law-- 26
(a) words in the singular include the plural; and 27
(b) words in the plural include the singular. 28
14 Meaning of "may" and "must" etc 29
(1) In this Law, the word may, or a similar word or expression, used in 30
relation to a power indicates that the power may be exercised or not 31
exercised, at discretion. 32
(2) In this Law, the word must, or a similar word or expression, used in 33
relation to a power indicates that the power is required to be exercised. 34
(3) This clause has effect despite any rule of construction to the contrary. 35
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15 Words and expressions used in statutory instruments 1
(1) Words and expressions used in a statutory instrument have the same 2
meanings as they have, from time to time, in this Law, or relevant 3
provisions of this Law, under or for the purposes of which the 4
instrument is made or in force. 5
(2) This clause has effect in relation to an instrument except so far as the 6
contrary intention appears in the instrument. 7
16 Effect of express references to bodies corporate and individuals 8
In this Law, a reference to a person generally (whether the expression 9
"person", "party", "someone", "anyone", "no-one", "one", "another" or 10
"whoever" or another expression is used)-- 11
(a) does not exclude a reference to a body corporate or an individual 12
merely because elsewhere in this Law there is particular 13
reference to a body corporate (however expressed); and 14
(b) does not exclude a reference to a body corporate or an individual 15
merely because elsewhere in this Law there is particular 16
reference to an individual (however expressed). 17
17 Production of records kept in computers etc 18
If a person who keeps a record of information by means of a 19
mechanical, electronic or other device is required by or under this 20
Law-- 21
(a) to produce the information or a document containing the 22
information to a court, tribunal or person; or 23
(b) to make a document containing the information available for 24
inspection by a court, tribunal or person; 25
then, unless the court, tribunal or person otherwise directs-- 26
(c) the requirement obliges the person to produce or make available 27
for inspection, as the case may be, a document that reproduces the 28
information in a form capable of being understood by the court, 29
tribunal or person; and 30
(d) the production to the court, tribunal or person of the document in 31
that form complies with the requirement. 32
18 References to this jurisdiction to be implied 33
In this Law-- 34
(a) a reference to an officer, office or statutory body is a reference to 35
such an officer, office or statutory body in and for this 36
jurisdiction; and 37
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(b) a reference to a locality or other matter or thing is a reference to 1
such a locality or other matter or thing in and of this jurisdiction. 2
19 References to officers and holders of offices 3
In this Law, a reference to a particular officer, or to the holder of a 4
particular office, includes a reference to the person for the time being 5
occupying or acting in the office concerned. 6
20 Reference to certain provisions of Law 7
If a provision of this Law refers-- 8
(a) to a Part, section or Schedule by a number and without reference 9
to this Law--the reference is a reference to the Part, section or 10
Schedule, designated by the number, of or to this Law; or 11
(b) to a Schedule without reference to it by a number and without 12
reference to this Law--the reference, if there is only one 13
Schedule to this Law, is a reference to the Schedule; or 14
(c) to a Division, Subdivision, subsection, paragraph, subparagraph, 15
sub-subparagraph, clause, subclause, item, column, table or form 16
by a number and without reference to this Law--the reference is 17
a reference to-- 18
(i) the Division, designated by the number, of the Part in 19
which the reference occurs; and 20
(ii) the Subdivision, designated by the number, of the Division 21
in which the reference occurs; and 22
(iii) the subsection, designated by the number, of the section in 23
which the reference occurs; and 24
(iv) the paragraph, designated by the number, of the section, 25
subsection, Schedule or other provision in which the 26
reference occurs; and 27
(v) the paragraph, designated by the number, of the clause, 28
subclause, item, column, table or form of or in the 29
Schedule in which the reference occurs; and 30
(vi) the subparagraph, designated by the number, of the 31
paragraph in which the reference occurs; and 32
(vii) the sub-subparagraph, designated by the number, of the 33
subparagraph in which the reference occurs; and 34
(viii) the section, clause, subclause, item, column, table or form, 35
designated by the number, of or in the Schedule in which 36
the reference occurs; 37
as the case requires. 38
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21 Reference to provisions of this Law or an Act is inclusive 1
In this Law, a reference to a portion of this Law or an Act includes-- 2
(a) a reference to the Chapter, Part, Division, Subdivision, section, 3
subsection or other provision of this Law or the Act referred to 4
that forms the beginning of the portion; and 5
(b) a reference to the Chapter, Part, Division, Subdivision, section, 6
subsection or other provision of this Law or the Act referred to 7
that forms the end of the portion. 8
Example. A reference to "sections 5 to 9" includes both section 5 and section 9. 9
It is not necessary to refer to "sections 5 to 9 (both inclusive)" to ensure that the 10
reference is given an inclusive interpretation. 11
Part 4 Functions and powers 12
22 Performance of statutory functions 13
(1) If this Law confers a function or power on a person or body, the function 14
may be performed, or the power may be exercised, from time to time as 15
occasion requires. 16
(2) If this Law confers a function or power on a particular officer or the 17
holder of a particular office, the function may be performed, or the 18
power may be exercised, by the person for the time being occupying or 19
acting in the office concerned. 20
(3) If this Law confers a function or power on a body (whether or not 21
incorporated), the performance of the function, or the exercise of the 22
power, is not affected merely because of vacancies in the membership 23
of the body. 24
23 Power to make instrument or decision includes power to amend or 25
repeal 26
If this Law authorises or requires the making of an instrument or 27
decision-- 28
(a) the power includes power to amend or repeal the instrument or 29
decision; and 30
(b) the power to amend or repeal the instrument or decision is 31
exercisable in the same way, and subject to the same conditions, 32
as the power to make the instrument or decision. 33
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24 Matters for which statutory instruments may make provision 1
(1) If this Law authorises or requires the making of a statutory instrument 2
in relation to a matter, a statutory instrument made under this Law may 3
make provision for the matter by applying, adopting or incorporating 4
(with or without modification) the provisions of-- 5
(a) an Act or statutory instrument; or 6
(b) another document (whether of the same or a different kind); 7
as in force at a particular time or as in force from time to time. 8
(2) If a statutory instrument applies, adopts or incorporates the provisions 9
of a document, the statutory instrument applies, adopts or incorporates 10
the provisions as in force from time to time, unless the statutory 11
instrument otherwise expressly provides. 12
(3) A statutory instrument may-- 13
(a) apply generally throughout this jurisdiction or be limited in its 14
application to a particular part of this jurisdiction; or 15
(b) apply generally to all persons, matters or things or be limited in 16
its application to-- 17
(i) particular persons, matters or things; or 18
(ii) particular classes of persons, matters or things; or 19
(c) otherwise apply generally or be limited in its application by 20
reference to specified exceptions or factors. 21
(4) A statutory instrument may-- 22
(a) apply differently according to different specified factors; or 23
(b) otherwise make different provision in relation to-- 24
(i) different persons, matters or things; or 25
(ii) different classes of persons, matters or things. 26
(5) A statutory instrument may authorise a matter or thing to be from time 27
to time determined, applied or regulated by a specified person or body. 28
(6) If this Law authorises or requires a matter to be regulated by statutory 29
instrument, the power may be exercised by prohibiting by statutory 30
instrument the matter or any aspect of the matter. 31
(7) If this Law authorises or requires provision to be made with respect to 32
a matter by statutory instrument, a statutory instrument made under this 33
Law may make provision with respect to a particular aspect of the 34
matter despite the fact that provision is made by this Law in relation to 35
another aspect of the matter or in relation to another matter. 36
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(8) A statutory instrument may provide for the review of, or a right of 1
appeal against, a decision made under the statutory instrument, or this 2
Law, and may, for that purpose, confer jurisdiction on any court, 3
tribunal, person or body. 4
(9) A statutory instrument may require a form prescribed by or under the 5
statutory instrument, or information or documents included in, attached 6
to or given with the form, to be verified by statutory declaration. 7
25 Presumption of validity and power to make 8
(1) All conditions and preliminary steps required for the making of a 9
statutory instrument are presumed to have been satisfied and performed 10
in the absence of evidence to the contrary. 11
(2) A statutory instrument is taken to be made under all powers under which 12
it may be made, even though it purports to be made under this Law or a 13
particular provision of this Law. 14
26 Appointments may be made by name or office 15
(1) If this Law authorises or requires a person or body-- 16
(a) to appoint a person to an office; or 17
(b) to appoint a person or body to exercise a power; or 18
(c) to appoint a person or body to do another thing; 19
the person or body may make the appointment by-- 20
(d) appointing a person or body by name; or 21
(e) appointing a particular officer, or the holder of a particular office, 22
by reference to the title of the office concerned. 23
(2) An appointment of a particular officer, or the holder of a particular 24
office, is taken to be the appointment of the person for the time being 25
occupying or acting in the office concerned. 26
27 Acting appointments 27
(1) If this Law authorises a person or body to appoint a person to act in an 28
office, the person or body may, in accordance with this Law, appoint-- 29
(a) a person by name; or 30
(b) a particular officer, or the holder of a particular office, by 31
reference to the title of the office concerned; 32
to act in the office. 33
(2) The appointment may be expressed to have effect only in the 34
circumstances specified in the instrument of appointment. 35
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(3) The appointer may-- 1
(a) determine the terms and conditions of the appointment, including 2
remuneration and allowances; and 3
(b) terminate the appointment at any time. 4
(4) The appointment, or the termination of the appointment, must be in, or 5
evidenced by, writing signed by the appointer. 6
(5) The appointee must not act for more than 1 year during a vacancy in the 7
office. 8
(6) If the appointee is acting in the office otherwise than because of a 9
vacancy in the office and the office becomes vacant, then, subject to 10
subclause (2), the appointee may continue to act until-- 11
(a) the appointer otherwise directs; or 12
(b) the vacancy is filled; or 13
(c) the end of a year from the day of the vacancy; 14
whichever happens first. 15
(7) The appointment ceases to have effect if the appointee resigns by 16
writing signed and delivered to the appointer. 17
(8) While the appointee is acting in the office-- 18
(a) the appointee has all the powers and functions of the holder of the 19
office; and 20
(b) this Law and other laws apply to the appointee as if the appointee 21
were the holder of the office. 22
(9) Anything done by or in relation to a person purporting to act in the 23
office is not invalid merely because-- 24
(a) the occasion for the appointment had not arisen; or 25
(b) the appointment had ceased to have effect; or 26
(c) the occasion for the person to act had not arisen or had ceased. 27
(10) If this Law authorises the appointer to appoint a person to act during a 28
vacancy in the office, an appointment to act in the office may be made 29
by the appointer whether or not an appointment has previously been 30
made to the office. 31
28 Powers of appointment imply certain incidental powers 32
(1) If this Law authorises or requires a person or body to appoint a person 33
to an office-- 34
(a) the power may be exercised from time to time as occasion 35
requires; and 36
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(b) the power includes-- 1
(i) power to remove or suspend, at any time, a person 2
appointed to the office; and 3
(ii) power to appoint another person to act in the office if a 4
person appointed to the office is removed or suspended; 5
and 6
(iii) power to reinstate or reappoint a person removed or 7
suspended; and 8
(iv) power to appoint a person to act in the office if it is vacant 9
(whether or not the office has ever been filled); and 10
(v) power to appoint a person to act in the office if the person 11
appointed to the office is absent or is unable to discharge 12
the functions of the office (whether because of illness or 13
otherwise). 14
(2) The power to remove or suspend a person under subclause (1)(b) may 15
be exercised even if this Law provides that the holder of the office to 16
which the person was appointed is to hold office for a specified period. 17
(3) The power to make an appointment under subclause (1)(b) may be 18
exercised from time to time as occasion requires. 19
(4) An appointment under subclause (1)(b) may be expressed to have effect 20
only in the circumstances specified in the instrument of appointment. 21
29 Delegation of functions 22
(1) If this Law authorises a person or body to delegate a function, the person 23
or body may, in accordance with this Law and any other applicable law, 24
delegate the function to-- 25
(a) a person or body by name; or 26
(b) a specified officer, or the holder of a specified office, by 27
reference to the title of the office concerned. 28
(2) The delegation may be-- 29
(a) general or limited; and 30
(b) made from time to time; and 31
(c) revoked, wholly or partly, by the delegator. 32
(3) The delegation, or a revocation of the delegation, must be in, or 33
evidenced by, writing signed by the delegator or, if the delegator is a 34
body, by a person authorised by the body for the purpose. 35
(4) A delegated function may be exercised only in accordance with any 36
conditions to which the delegation is subject. 37
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(5) The delegate may, in the performance of a delegated function, do 1
anything that is incidental to the delegated function. 2
(6) A delegated function that purports to have been exercised by the 3
delegate is taken to have been properly exercised by the delegate unless 4
the contrary is proved. 5
(7) A delegated function that is properly exercised by the delegate is taken 6
to have been exercised by the delegator. 7
(8) If, when exercised by the delegator, a function is dependent on the 8
delegator's opinion, belief or state of mind, then, when exercised by the 9
delegate, the function is dependent on the delegate's opinion, belief or 10
state of mind. 11
(9) If-- 12
(a) the delegator is a specified officer or the holder of a specified 13
office; and 14
(b) the person who was the specified officer or holder of the specified 15
office when the delegation was made ceases to be the holder of 16
the office; 17
then-- 18
(c) the delegation continues in force; and 19
(d) the person for the time being occupying or acting in the office 20
concerned is taken to be the delegator for the purposes of this 21
section. 22
(10) If-- 23
(a) the delegator is a body; and 24
(b) there is a change in the membership of the body; 25
then-- 26
(c) the delegation continues in force; and 27
(d) the body as constituted for the time being is taken to be the 28
delegator for the purposes of this section. 29
(11) If a function is delegated to a specified officer or the holder of a 30
specified office-- 31
(a) the delegation does not cease to have effect merely because the 32
person who was the specified officer or the holder of the specified 33
office when the function was delegated ceases to be the officer or 34
the holder of the office; and 35
(b) the function may be exercised by the person for the time being 36
occupying or acting in the office concerned. 37
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(12) A function that has been delegated may, despite the delegation, be 1
exercised by the delegator. 2
(13) The delegation of a function does not relieve the delegator of the 3
delegator's obligation to ensure that the function is properly exercised. 4
(14) Subject to subsection (15), this clause applies to a subdelegation of a 5
function in the same way as it applies to a delegation of a function. 6
(15) If this Law authorises the delegation of a function, the function may be 7
subdelegated only if the Law expressly authorises the function to be 8
subdelegated. 9
30 Exercise of powers between enactment and commencement 10
(1) If a provision of this Law (the empowering provision) that does not 11
commence on its enactment would, had it commenced, confer a 12
power-- 13
(a) to make an appointment; or 14
(b) to make a statutory instrument of a legislative or administrative 15
character; or 16
(c) to do another thing; 17
then-- 18
(d) the power may be exercised; and 19
(e) anything may be done for the purpose of enabling the exercise of 20
the power or of bringing the appointment, instrument or other 21
thing into effect; 22
before the empowering provision commences. 23
(2) If a provision of a Queensland Act (the empowering provision) that 24
does not commence on its enactment would, had it commenced, amend 25
a provision of this Law so that it would confer a power-- 26
(a) to make an appointment; or 27
(b) to make a statutory instrument of a legislative or administrative 28
character; or 29
(c) to do another thing; 30
then-- 31
(d) the power may be exercised; and 32
(e) anything may be done for the purpose of enabling the exercise of 33
the power or of bringing the appointment, instrument or other 34
thing into effect; 35
before the empowering provision commences. 36
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(3) If-- 1
(a) this Law has commenced and confers a power to make a statutory 2
instrument (the basic instrument-making power); and 3
(b) a provision of a Queensland Act that does not commence on its 4
enactment would, had it commenced, amend this Law so as to 5
confer additional power to make a statutory instrument (the 6
additional instrument-making power); 7
then-- 8
(c) the basic instrument-making power and the additional 9
instrument-making power may be exercised by making a single 10
instrument; and 11
(d) any provision of the instrument that required an exercise of the 12
additional instrument-making power is to be treated as made 13
under subclause (2). 14
(4) If an instrument, or a provision of an instrument, is made under 15
subclause (1) or (2) that is necessary for the purpose of-- 16
(a) enabling the exercise of a power mentioned in the subclause; or 17
(b) bringing an appointment, instrument or other thing made or done 18
under such a power into effect; 19
the instrument or provision takes effect-- 20
(c) on the making of the instrument; or 21
(d) on such later day (if any) on which, or at such later time (if any) 22
at which, the instrument or provision is expressed to take effect. 23
(5) If-- 24
(a) an appointment is made under subclause (1) or (2); or 25
(b) an instrument, or a provision of an instrument, made under 26
subclause (1) or (2) is not necessary for a purpose mentioned in 27
subclause (4); 28
the appointment, instrument or provision takes effect-- 29
(c) on the commencement of the relevant empowering provision; or 30
(d) on such later day (if any) on which, or at such later time (if any) 31
at which, the appointment, instrument or provision is expressed 32
to take effect. 33
(6) Anything done under subclause (1) or (2) does not confer a right, or 34
impose a liability, on a person before the relevant empowering 35
provision commences. 36
(7) After the enactment of a provision mentioned in subclause (2) but 37
before the provision's commencement, this clause applies as if the 38
references in subclauses (2) and (5) to the commencement of the 39
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empowering provision were references to the commencement of the 1
provision mentioned in subclause (2) as amended by the empowering 2
provision. 3
(8) In the application of this clause to a statutory instrument, a reference to 4
the enactment of the instrument is a reference to the making of the 5
instrument. 6
Part 5 Distance, time and age 7
31 Matters relating to distance, time and age 8
(1) In the measurement of distance for the purposes of this Law, the 9
distance is to be measured along the shortest road ordinarily used for 10
travelling. 11
(2) If a period beginning on a given day, act or event is provided or allowed 12
for a purpose by this Law, the period is to be calculated by excluding 13
the day, or the day of the act or event, and-- 14
(a) if the period is expressed to be a specified number of clear days 15
or at least a specified number of days--by excluding the day on 16
which the purpose is to be fulfilled; and 17
(b) in any other case--by including the day on which the purpose is 18
to be fulfilled. 19
(3) If the last day of a period provided or allowed by this Law for doing 20
anything is not a business day in the place in which the thing is to be or 21
may be done, the thing may be done on the next business day in the 22
place. 23
(4) If the last day of a period provided or allowed by this Law for the filing 24
or registration of a document is a day on which the office is closed 25
where the filing or registration is to be or may be done, the document 26
may be filed or registered at the office on the next day that the office is 27
open. 28
(5) If no time is provided or allowed for doing anything, the thing is to be 29
done as soon as possible, and as often as the prescribed occasion 30
happens. 31
(6) If, in this Law, there is a reference to time, the reference is, in relation 32
to the doing of anything in a jurisdiction, a reference to the legal time in 33
the jurisdiction. 34
(7) For the purposes of this Law, a person attains an age in years at the 35
beginning of the person's birthday for the age. 36
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Part 6 Effect of repeal, amendment or expiration 1
32 Time of Law ceasing to have effect 2
If a provision of this Law is expressed-- 3
(a) to expire on a specified day; or 4
(b) to remain or continue in force, or otherwise have effect, until a 5
specified day; 6
this provision has effect until the last moment of the specified day. 7
33 Repealed Law provisions not revived 8
If a provision of this Law is repealed or amended by a Queensland Act, 9
or a provision of a Queensland Act, the provision is not revived merely 10
because the Queensland Act or the provision of the Queensland Act-- 11
(a) is later repealed or amended; or 12
(b) later expires. 13
34 Saving of operation of repealed Law provisions 14
(1) The repeal, amendment or expiry of a provision of this Law does not-- 15
(a) revive anything not in force or existing at the time the repeal, 16
amendment or expiry takes effect; or 17
(b) affect the previous operation of the provision or anything 18
suffered, done or begun under the provision; or 19
(c) affect a right, privilege or liability acquired, accrued or incurred 20
under the provision; or 21
(d) affect a penalty incurred in relation to an offence arising under 22
the provision; or 23
(e) affect an investigation, proceeding or remedy in relation to such 24
a right, privilege, liability or penalty. 25
(2) Any such penalty may be imposed and enforced, and any such 26
investigation, proceeding or remedy may be begun, continued or 27
enforced, as if the provision had not been repealed or amended or had 28
not expired. 29
35 Continuance of repealed provisions 30
If a Queensland Act repeals some provisions of this Law and enacts new 31
provisions in substitution for the repealed provisions, the repealed 32
provisions continue in force until the new provisions commence. 33
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Health Practitioner Regulation Bill 2009
Note Health Practitioner Regulation National Law
36 Law and amending Acts to be read as one 1
This Law and all Queensland Acts amending this Law are to be read as 2
one. 3
Part 7 Instruments under Law 4
37 Schedule applies to statutory instruments 5
(1) This Schedule applies to a statutory instrument, and to things that may 6
be done or are required to be done under a statutory instrument, in the 7
same way as it applies to this Law, and things that may be done or are 8
required to be done under this Law, except so far as the context or 9
subject matter otherwise indicates or requires. 10
(2) The fact that a provision of this Schedule refers to this Law and not also 11
to a statutory instrument does not, by itself, indicate that the provision 12
is intended to apply only to this Law. 13
Part 8 Application to coastal sea 14
38 Application 15
This Law has effect in and relation to the coastal sea of this jurisdiction 16
as if that coastal sea were part of this jurisdiction. 17
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