Northern Territory Second Reading Speeches

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HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM LEGISLATION) BILL 2009

Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to apply the Health Practitioner Regulation National Law, the national law, as a law of the Northern Territory to implement the National Registration and Accreditation Scheme for the Health Professions, the national scheme, in the Northern Territory; to declare the responsible tribunal for the Northern Territory for the purposes of the national law; and to make consequential amendments to the
Health Practitioners Act.

The principal objective of the national law is to protect the public by establishing a national scheme for the regulation of health practitioners and students. Arrangements under the national scheme will help health professionals move around the country more easily; reduce red tape; provide greater safeguards for the public; and promote a more flexible, responsive and sustainable health workforce.


The national scheme was a recommendation of the Productivity Commission that undertook, at the request of the Australian government, a research study to examine issues impacting on the health workforce including the supply of, and demand for, health workforce professionals and propose solutions to ensure the continued delivery of quality healthcare over the next 10 years. The commission’s report recommended a national scheme to deal with workforce shortages and pressures faced by the Australian health workforce, and to increase their flexibility, responsiveness, sustainability, mobility and reduce red tape.


The national scheme is to be fully implemented by 1 July 2010, as set out in the 2008 Intergovernmental Agreement for a National Registration and Accreditation Scheme for Health Professions
, signed by the Council of Australian Governments on 26 March 2008.

The implementation of the national scheme is relying on the national law given effect by an act of the host jurisdiction - in this case, Queensland, which is then adopted and applied as law of, and by, participating jurisdictions. The national law has been designed to facilitate the full implementation of the national scheme consistent with the COAG agreement and the Australian Health Workforce Ministerial Council, known as the Ministerial Council.


A decision was made following the significant consultation on implementation of the national scheme. The national law has been implemented in three stages, with the first stage being achieved through the
Health Practitioner’s Regulation (Administrative Arrangements) National Law Act 2008 (Queensland), which is known as Bill A, which established the structural elements and entities, and enabled development of the national scheme.

Bill A commenced from 25 November 2008. The Health Practitioner Regulation National Law Bill 2009 (Queensland), known as Bill B, represents the second stage. The national law as set out in the schedule to Bill B includes the full function of the national scheme and will become the national law when it is passed into an act.


Bill B was tabled in the Queensland parliament on 6 October 2009, and it was passed unchanged into law by the Queensland parliament on 29 October 2009. Royal assent was given on 3 November 2009.


The National Partnership Agreement to deliver a seamless national economy commits jurisdictions to achieve key milestones in relation to the COAG agreement for the national scheme. To be eligible to receive its share of reward payments under the NPA, the Northern Territory must enact referencing legislation by the end of 2009.


Subject to introduction, debate, and passage of Bill B by the Queensland parliament, participating states and territories have been introducing for debate in their parliaments, adopting all corresponding legislation known as Bill C. Bill C is to apply the national law as the law of that jurisdiction or, in the case of Western Australia, introduce corresponding laws to achieve the same effect. This represents the third stage of legislation and is consistent with the NPA and COAG agreement to enable the national scheme to be fully implemented on 1 July 2010.


Subject to the passage of Bill B, some jurisdictions have progressed the consequential amendments needed to fully implement the national scheme, and to repeal existing and relevant health practitioner registration legislation through a staged approach to their own Bill C. The Australian government may also progress amendments to its legislation in a Bill C to support limitation of the national scheme. However, the Australian government will not need to adopt or apply the national law.


This bill is the adopting legislation for the Northern Territory, and will enable the Northern Territory to meet its obligation under the NPA. It is intended to introduce an amendment to the bill earlier in 2010 to progress the consequential amendments and transitional provisions needed to fully implement the national scheme in the Northern Territory. This second stage will allow extra time to conduct consultation on the consequential amendments and transitional matters to ensure proposals for the Northern Territory are supported by local stakeholders.


The national scheme will initially apply to 10 health professions; that is, the nine health professions registered in each state and territory. Medical, nursing and midwifery, pharmacy, physiotherapy, dental - including dentist, dental prosthetics, dental therapy, dental hygienists, psychology, optometry, osteopathy, chiropractics, and podiatry are registered in every jurisdiction except the Northern Territory whether there are currently insufficient numbers to make registration viable outside the national scheme.


In addition, Health Ministers through the ministerial council have included four more health professions within the national scheme. The four partially-regulated professions to be included from 1 July 2012 are as follows: Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice, and occupational therapy. Nine Northern Territory professions will be covered by the national scheme from 1 July 2010. Aboriginal health work, occupational therapy, and radiography will join the national scheme on 1 July 2012. As of this date, the Northern Territory will not be responsible for regulation of any health professions, and any professions seeking regulation in the future will be subject to the national scheme.


Extensive consultation at the national and local level has been conducted over the past 12 to 18 months. Significant change has been made to Bill B to address stakeholders’ feedback and concerns including: initial assignment of the accreditation function will be done by the ministerial council on commencement for a particular profession, after which the assignment of accreditation functions will be a matter for national boards. Accreditation status will be the responsibility of the national boards; however, the ministerial council will retain a reserve power to give a national board a direction in relation to changes and new accreditation standards where it believes changes to accreditation status, including change to clinical placement to a workplace and work practice will have a significant negative effect.


It is envisaged that the ministerial council will only exercise this power in exceptional circumstances and must first give consideration for potential impact on the quality and safety of health care. Ministerial Council directions in relation to accreditation standards must also be made public and reasons given, and measures have been incorporated to address local stakeholder concerns, including better representation on national boards and throughout the complaint process for smaller jurisdictions.


Madam Speaker, outcomes of the Commonwealth Senate Standing Committee on Community Affairs Inquiry into the national scheme were also considered and addressed as part of the consultation process. Overall, the inquiry was very complimentary about how stakeholder concerns may be addressed and the extent to which agreement has been reached across jurisdictions.


The Northern Territory’s interests have also been represented throughout the process of drafting bill B for the Senior Director People and Services within the Department of Health and Families who performed the role of Chair of the National Legislative Drafting Group.


Madam Speaker, to ensure my honoured colleagues are informed of all provisions, the
Health Practitioner Regulation National Law Act 2009 Queensland, the schedule which is now the Health Practitioner Regulation National Law, is tabled for information along with explanatory notes for the act.

The Northern Territory is committed to upholding standards for health professions and protecting the safety and wellbeing of the community in the delivery of health services. The national scheme is a major step towards improving Australia’s health system.


This bill references the national law and is the adopting legislation to implement the national scheme in the Northern Territory.


I commend the bill to honourable members and table the explanatory statement and accompanying documents to accompany the bill.


Debate adjourned.

 


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