HEALTH PRACTITIONER REGULATION NATIONAL LAW BILL 2009

Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH PRACTITIONER REGULATION NATIONAL LAW BILL 2009

Queensland Health Practitioner Regulation National Law Bill 2009

Queensland Health Practitioner Regulation National Law Bill 2009 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 2 Adoption of Health Practitioner Regulation National Law 4 Application of Health Practitioner Regulation National Law . . . . . 21 5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction . . . . . . . . . . . . . . . . 21 6 Responsible tribunal for Health Practitioner Regulation National Law (Queensland) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 Exclusion of legislation of this jurisdiction . . . . . . . . . . . . . . . . . . 21 Part 3 Provisions specific to this jurisdiction 8 Police commissioner may give criminal history information . . . . . 22 9 Review of decision by QCAT as responsible tribunal . . . . . . . . . . 23 10 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 4 Amendment of Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 12 Amendment of schedule (Health Practitioner Regulation (Administrative Arrangements) National Law) . . . . . . . . . . . . . . . 23 Schedule Health Practitioner Regulation National Law . . . . . . . . . . . . . 26 Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3 Objectives and guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . 26 4 How functions to be exercised . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Health Practitioner Regulation National Law Bill 2009 Contents 6 Interpretation generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 7 Single national entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 8 Extraterritorial operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . 40 9 Trans-Tasman mutual recognition principle . . . . . . . . . . . . . . . . . 41 10 Law binds the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Part 2 Ministerial Council 11 Policy directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 12 Approval of registration standards . . . . . . . . . . . . . . . . . . . . . . . . 43 13 Approvals in relation to specialist registration . . . . . . . . . . . . . . . 43 14 Approval of endorsement in relation to scheduled medicines . . . 44 15 Approval of areas of practice for purposes of endorsement. . . . . 45 16 How Ministerial Council exercises functions. . . . . . . . . . . . . . . . . 45 17 Notification and publication of directions and approvals. . . . . . . . 46 Part 3 Australian Health Workforce Advisory Council 18 Establishment of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . 46 19 Function of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 20 Publication of advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 21 Powers of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 22 Membership of Advisory Council . . . . . . . . . . . . . . . . . . . . . . . . . 48 Part 4 Australian Health Practitioner Regulation Agency Division 1 National Agency 23 National Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 24 General powers of National Agency . . . . . . . . . . . . . . . . . . . . . . . 49 25 Functions of National Agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 26 Health profession agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 27 Co-operation with participating jurisdictions and Commonwealth 51 28 Office of National Agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2 Agency Management Committee 29 Agency Management Committee . . . . . . . . . . . . . . . . . . . . . . . . . 52 30 Functions of Agency Management Committee . . . . . . . . . . . . . . 53 Part 5 National Boards Division 1 National Boards 31 Establishment of National Boards . . . . . . . . . . . . . . . . . . . . . . . . 53 32 Powers of National Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 33 Membership of National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . 55 34 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Page 2

Health Practitioner Regulation National Law Bill 2009 Contents Division 2 Functions of National Boards 35 Functions of National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 36 State and Territory Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 37 Delegation of functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 3 Registration standards and codes and guidelines 38 National board must develop registration standards . . . . . . . . . . 62 39 Codes and guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 40 Consultation about registration standards, codes and guidelines 64 41 Use of registration standards, codes or guidelines in disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Part 6 Accreditation Division 1 Preliminary 42 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 2 Accreditation authorities 43 Accreditation authority to be decided . . . . . . . . . . . . . . . . . . . . . . 66 44 National Agency may enter into contracts with external accreditation entities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 45 Accreditation processes to be published . . . . . . . . . . . . . . . . . . . 66 Division 3 Accreditation functions 46 Development of accreditation standards . . . . . . . . . . . . . . . . . . . 67 47 Approval of accreditation standards . . . . . . . . . . . . . . . . . . . . . . . 67 48 Accreditation of programs of study . . . . . . . . . . . . . . . . . . . . . . . . 68 49 Approval of accredited programs of study . . . . . . . . . . . . . . . . . . 69 50 Accreditation authority to monitor approved programs of study . . 70 51 Changes to approval of program of study . . . . . . . . . . . . . . . . . . 71 Part 7 Registration of health practitioners Division 1 General registration 52 Eligibility for general registration. . . . . . . . . . . . . . . . . . . . . . . . . . 72 53 Qualifications for general registration . . . . . . . . . . . . . . . . . . . . . . 73 54 Examination or assessment for general registration . . . . . . . . . . 73 55 Unsuitability to hold general registration. . . . . . . . . . . . . . . . . . . . 74 56 Period of general registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 2 Specialist registration 57 Eligibility for specialist registration . . . . . . . . . . . . . . . . . . . . . . . . 75 58 Qualifications for specialist registration . . . . . . . . . . . . . . . . . . . . 76 59 Examination or assessment for specialist registration . . . . . . . . . 77 Page 3

Health Practitioner Regulation National Law Bill 2009 Contents 60 Unsuitability to hold specialist registration . . . . . . . . . . . . . . . . . . 77 61 Period of specialist registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 3 Provisional registration 62 Eligibility for provisional registration . . . . . . . . . . . . . . . . . . . . . . . 78 63 Unsuitability to hold provisional registration . . . . . . . . . . . . . . . . . 79 64 Period of provisional registration . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 4 Limited registration 65 Eligibility for limited registration . . . . . . . . . . . . . . . . . . . . . . . . . . 80 66 Limited registration for postgraduate training or supervised practice ........................................ 80 67 Limited registration for area of need. . . . . . . . . . . . . . . . . . . . . . . 81 68 Limited registration in public interest . . . . . . . . . . . . . . . . . . . . . . 82 69 Limited registration for teaching or research . . . . . . . . . . . . . . . . 82 70 Unsuitability to hold limited registration . . . . . . . . . . . . . . . . . . . . 82 71 Limited registration not to be held for more than one purpose . . . 83 72 Period of limited registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 5 Non-practising registration 73 Eligibility for non-practising registration . . . . . . . . . . . . . . . . . . . . 83 74 Unsuitability to hold non-practising registration . . . . . . . . . . . . . . 84 75 Registered health practitioner who holds non-practising registration must not practise the profession . . . . . . . . . . . . . . . . 84 76 Period of non-practising registration. . . . . . . . . . . . . . . . . . . . . . . 85 Division 6 Application for registration 77 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 78 Power to check applicant's proof of identity . . . . . . . . . . . . . . . . . 86 79 Power to check applicant's criminal history . . . . . . . . . . . . . . . . . 86 80 Boards' other powers before deciding application for registration 87 81 Applicant may make submissions about proposed refusal of application or imposition of condition . . . . . . . . . . . . . . . . . . . . . . 89 82 Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 83 Conditions of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 84 Notice to be given to applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 85 Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Division 7 Student registration Subdivision 1 Persons undertaking approved programs of study 86 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Page 4

Health Practitioner Regulation National Law Bill 2009 Contents 87 National Board must register persons undertaking approved program of study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 88 National Board may ask education provider for list of persons undertaking approved program of study. . . . . . . . . . . . . . . . . . . . 93 89 Registration of students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 90 Period of student registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Subdivision 2 Other persons to be registered as students 91 Education provider to provide lists of persons . . . . . . . . . . . . . . . 95 Subdivision 3 General provisions applicable to students 92 Notice to be given if student registration suspended or condition imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 93 Report to National Board of cessation of status as student . . . . . 97 Division 8 Endorsement of registration Subdivision 1 Endorsement in relation to scheduled medicines 94 Endorsement for scheduled medicines . . . . . . . . . . . . . . . . . . . . 98 Subdivision 2 Endorsement in relation to nurse practitioners 95 Endorsement as nurse practitioner. . . . . . . . . . . . . . . . . . . . . . . . 99 Subdivision 3 Endorsement in relation to midwife practitioners 96 Endorsement as midwife practitioner . . . . . . . . . . . . . . . . . . . . . . 100 Subdivision 4 Endorsement in relation to acupuncture 97 Endorsement for acupuncture . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Subdivision 5 Endorsements in relation to approved areas of practice 98 Endorsement for approved area of practice . . . . . . . . . . . . . . . . . 101 Subdivision 6 Application for endorsement 99 Application for endorsement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 100 Boards' other powers before deciding application for endorsement .................................. 102 101 Applicant may make submissions about proposed refusal of application or imposition of condition . . . . . . . . . . . . . . . . . . . . . . 103 102 Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 103 Conditions of endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 104 Notice of decision to be given to applicant . . . . . . . . . . . . . . . . . . 105 105 Period of endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 106 Failure to decide application for endorsement . . . . . . . . . . . . . . . 105 Division 9 Renewal of registration 107 Application for renewal of registration or endorsement . . . . . . . . 106 108 Registration taken to continue in force . . . . . . . . . . . . . . . . . . . . . 106 Page 5

Health Practitioner Regulation National Law Bill 2009 Contents 109 Annual statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 110 National Board's powers before making decision. . . . . . . . . . . . . 109 111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition . . . . . . . . . . . . . 109 112 Decision about application for renewal. . . . . . . . . . . . . . . . . . . . . 109 Division 10 Title and practice protections Subdivision 1 Title protections 113 Restriction on use of protected titles . . . . . . . . . . . . . . . . . . . . . . 111 114 Use of title "acupuncturist" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 115 Restriction on use of specialist titles . . . . . . . . . . . . . . . . . . . . . . 113 116 Claims by persons as to registration as health practitioner . . . . . 114 117 Claims by persons as to registration in particular profession or division .......................................... 116 118 Claims by persons as to specialist registration. . . . . . . . . . . . . . . 117 119 Claims about type of registration or registration in recognised specialty ......................................... 119 120 Registered health practitioner registered on conditions . . . . . . . . 120 Subdivision 2 Practice protections 121 Restricted dental acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 122 Restriction on prescription of optical appliances . . . . . . . . . . . . . 122 123 Restriction on spinal manipulation . . . . . . . . . . . . . . . . . . . . . . . . 123 Division 11 Miscellaneous Subdivision 1 Certificates of registration 124 Issue of certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . 124 Subdivision 2 Review of conditions and undertakings 125 Changing or removing conditions or undertaking on application by registered health practitioner or student . . . . . . . . 125 126 Changing conditions on Board's initiative . . . . . . . . . . . . . . . . . . . 126 127 Removal of condition or revocation of undertaking . . . . . . . . . . . 127 Subdivision 3 Obligations of registered health practitioners and students 128 Continuing professional development. . . . . . . . . . . . . . . . . . . . . . 128 129 Professional indemnity insurance arrangements . . . . . . . . . . . . . 129 130 Registered health practitioner or student to give National Board notice of certain events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 131 Change in principal place of practice, address or name . . . . . . . 131 132 National Board may ask registered health practitioner for employer's details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Page 6

Health Practitioner Regulation National Law Bill 2009 Contents Subdivision 4 Advertising 133 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Subdivision 5 Board's powers to check identity and criminal history 134 Evidence of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 135 Criminal history check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Subdivision 6 General 136 Directing or inciting unprofessional conduct or professional misconduct ....................................... 135 137 Surrender of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Part 8 Health, performance and conduct Division 1 Preliminary 138 Part applicable to persons formerly registered under this Law. . . 136 139 Part applicable to persons formerly registered under corresponding prior Act in certain circumstances . . . . . . . . . . . . 136 Division 2 Mandatory notifications 140 Definition of notifiable conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 141 Mandatory notifications by health practitioners . . . . . . . . . . . . . . 137 142 Mandatory notifications by employers . . . . . . . . . . . . . . . . . . . . . 139 143 Mandatory notifications by education providers . . . . . . . . . . . . . . 140 Division 3 Voluntary notifications 144 Grounds for voluntary notification. . . . . . . . . . . . . . . . . . . . . . . . . 141 145 Who may make voluntary notification. . . . . . . . . . . . . . . . . . . . . . 142 Division 4 Making a notification 146 How notification is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 147 National Agency to provide reasonable assistance to notifier . . . 143 Division 5 Preliminary assessment 148 Referral of notification to National Board or co-regulatory authority ..................................... 143 149 Preliminary assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 150 Relationship with health complaints entity . . . . . . . . . . . . . . . . . . 145 151 When National Board may decide to take no further action . . . . . 147 152 National Board to give notice of receipt of notification . . . . . . . . . 148 Division 6 Other matters 153 National Board may deal with notifications about same person together ......................................... 148 154 National Boards may deal with notifications collaboratively . . . . . 148 Page 7

Health Practitioner Regulation National Law Bill 2009 Contents Division 7 Immediate action 155 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 156 Power to take immediate action . . . . . . . . . . . . . . . . . . . . . . . . . . 149 157 Show cause process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 158 Notice to be given to registered health practitioner or student about immediate action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 159 Period of immediate action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Division 8 Investigations Subdivision 1 Preliminary 160 When investigation may be conducted . . . . . . . . . . . . . . . . . . . . . 153 161 Registered health practitioner or student to be given notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 162 Investigation to be conducted in timely way . . . . . . . . . . . . . . . . . 154 Subdivision 2 Investigators 163 Appointment of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 164 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 165 Display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Subdivision 3 Procedure after investigation 166 Investigator's report about investigation . . . . . . . . . . . . . . . . . . . . 156 167 Decision by National Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Division 9 Health and performance assessments 168 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 169 Requirement for health assessment. . . . . . . . . . . . . . . . . . . . . . . 157 170 Requirement for performance assessment . . . . . . . . . . . . . . . . . 157 171 Appointment of assessor to carry out assessment. . . . . . . . . . . . 157 172 Notice to be given to registered health practitioner or student about assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 173 Assessor may require information or attendance . . . . . . . . . . . . . 158 174 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 175 Report from assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 176 Copy of report to be given to health practitioner or student . . . . . 159 177 Decision by National Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Division 10 Action by National Board 178 National Board may take action . . . . . . . . . . . . . . . . . . . . . . . . . . 160 179 Show cause process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 180 Notice to be given to health practitioner or student and notifier . . 163 Page 8

Health Practitioner Regulation National Law Bill 2009 Contents Division 11 Panels 181 Establishment of health panel . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 182 Establishment of performance and professional standards panel 165 183 List of approved persons for appointment to panels. . . . . . . . . . . 165 184 Notice to be given to registered health practitioner or student . . . 166 185 Procedure of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 186 Legal representation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 187 Submission by notifier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 188 Panel may proceed in absence of registered health practitioner or student . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 189 Hearing not open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 190 Referral to responsible tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . 168 191 Decision of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 192 Notice to be given about panel's decision . . . . . . . . . . . . . . . . . . 170 Division 12 Referring matter to responsible tribunals 193 Matters to be referred to responsible tribunal. . . . . . . . . . . . . . . . 171 194 Parties to the proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 195 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 196 Decision by responsible tribunal about registered health practitioner ...................................... 172 197 Decision by responsible tribunal about student . . . . . . . . . . . . . . 174 198 Relationship with Act establishing responsible tribunal . . . . . . . . 174 Division 13 Appeals 199 Appellable decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 200 Parties to the proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 201 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 202 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 203 Relationship with Act establishing responsible tribunal . . . . . . . . 177 Division 14 Miscellaneous 204 Notice from adjudication body . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 205 Implementation of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 206 National Board to give notice to registered health practitioner's employer ....................................... 178 207 Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Part 9 Finance 208 Australian Health Practitioner Regulation Agency Fund. . . . . . . . 179 209 Payments into Agency Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Page 9

Health Practitioner Regulation National Law Bill 2009 Contents 210 Payments out of Agency Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 211 Investment of money in Agency Fund . . . . . . . . . . . . . . . . . . . . . 181 212 Financial management duties of National Agency and National Boards ......................................... 182 Part 10 Information and privacy Division 1 Privacy 213 Application of Commonwealth Privacy Act . . . . . . . . . . . . . . . . . . 183 Division 2 Disclosure of information and confidentiality 214 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 215 Application of Commonwealth FOI Act. . . . . . . . . . . . . . . . . . . . . 184 216 Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 217 Disclosure of information for workforce planning . . . . . . . . . . . . . 186 218 Disclosure of information for information management and communication purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 219 Disclosure of information to other Commonwealth, State and Territory entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 220 Disclosure to protect health or safety of patients or other persons 188 221 Disclosure to registration authorities . . . . . . . . . . . . . . . . . . . . . . 188 Division 3 Registers in relation to registered health practitioner 222 National Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 223 Specialists Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 224 Way registers are to be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 225 Information to be recorded in National Register. . . . . . . . . . . . . . 191 226 National Board may decide not to include or to remove certain information in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 227 Register about former registered health practitioners . . . . . . . . . 193 228 Inspection of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Division 4 Student registers 229 Student registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 230 Information to be recorded in student register . . . . . . . . . . . . . . . 194 Division 5 Other records 231 Other records to be kept by National Boards . . . . . . . . . . . . . . . . 195 232 Record of adjudication decisions to be kept and made publicly available ....................................... 196 Division 6 Unique identifier 233 Unique identifier to be given to each registered health practitioner 197 Page 10

Health Practitioner Regulation National Law Bill 2009 Contents Part 11 Miscellaneous Division 1 Provisions relating to persons exercising functions under Law 234 General duties of persons exercising functions under this Law . . 197 235 Application of Commonwealth Ombudsman Act . . . . . . . . . . . . . 198 236 Protection from personal liability for persons exercising functions 199 237 Protection from liability for persons making notification or otherwise providing information . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Division 2 Inspectors 238 Functions and powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . 200 239 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 240 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 241 Display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Division 3 Legal proceedings 242 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 243 Conduct may constitute offence and be subject of disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 244 Evidentiary certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Division 4 Regulations 245 National regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 246 Parliamentary scrutiny of national regulations . . . . . . . . . . . . . . . 205 247 Effect of disallowance of national regulation . . . . . . . . . . . . . . . . 205 Division 5 Miscellaneous 248 Combined notice may be given . . . . . . . . . . . . . . . . . . . . . . . . . . 206 249 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Part 12 Transitional provisions Division 1 Preliminary 250 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 251 References to registered health practitioners. . . . . . . . . . . . . . . . 207 Division 2 Ministerial Council 252 Directions given by Ministerial council . . . . . . . . . . . . . . . . . . . . . 208 253 Accreditation functions exercised by existing accreditation entities 208 254 Health profession standards approved by Ministerial Council . . . 209 255 Accreditation standards approved by National Board . . . . . . . . . 209 Division 3 Advisory Council 256 Members of Advisory Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Page 11

Health Practitioner Regulation National Law Bill 2009 Contents Division 4 National Agency 257 Health profession agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 258 Service agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Division 5 Agency Management Committee 259 Members of Agency Management Committee . . . . . . . . . . . . . . . 211 Division 6 Staff, consultants and contractors of National Agency 260 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 261 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 262 Consultants and contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Division 7 Reports 263 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Division 8 National Boards 264 Members of National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 265 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 266 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Division 9 Agency Fund 267 Agency Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 Division 10 Offences 268 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 Division 11 Registration 269 General registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 270 Specialist registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 271 Provisional registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 272 Limited registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 273 Limited registration (public interest-occasional practice) . . . . . . . 216 274 Non-practising registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 275 Registration for existing registered students . . . . . . . . . . . . . . . . 217 276 Registration for new students . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 277 Other registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 278 Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 279 Conditions imposed on registration or endorsement . . . . . . . . . . 220 280 Expiry of registration and endorsement . . . . . . . . . . . . . . . . . . . . 220 281 Protected titles for certain specialist health practitioners . . . . . . . 221 282 First renewal of registration or endorsement . . . . . . . . . . . . . . . . 222 283 Programs of study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Page 12

Health Practitioner Regulation National Law Bill 2009 Contents 284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery . . . . . . . 222 Division 12 Applications for registration and endorsement 285 Applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 286 Applications for endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 287 Disqualifications and conditions relevant to applications for registration ...................................... 225 Division 13 Complaints, notifications and disciplinary proceedings 288 Complaints and notifications made but not being dealt with on participation day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 289 Complaints and notifications being dealt with on participation day 226 290 Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 291 Undertakings and other agreements . . . . . . . . . . . . . . . . . . . . . . 227 292 Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 293 List of approved persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 Division 14 Local registration authority 294 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 295 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 296 Records relating to registration and accreditation . . . . . . . . . . . . 230 297 Financial and administrative records . . . . . . . . . . . . . . . . . . . . . . 230 298 Pharmacy businesses and premises . . . . . . . . . . . . . . . . . . . . . . 230 299 Members of local registration authority . . . . . . . . . . . . . . . . . . . . 230 Division 15 Staged commencement for certain health professions 300 Application of Law to relevant health profession between commencement and 1 July 2012 . . . . . . . . . . . . . . . . . . . . . . . . . 231 301 Ministerial Council may appoint external accreditation entity . . . 232 302 Application of Law to appointment of first National Board for relevant professions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 303 Qualifications for general registration in relevant profession . . . . 233 304 Relationship with other provisions of Law . . . . . . . . . . . . . . . . . . 233 Division 16 Savings and transitional regulations 305 Savings and transitional regulations. . . . . . . . . . . . . . . . . . . . . . . 234 Schedule 1 Constitution and procedure of Advisory Council . . . . . . . . . 235 Part 1 General 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Part 2 Constitution 2 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Page 13

Health Practitioner Regulation National Law Bill 2009 Contents 3 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 4 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 5 Extension of term of office during vacancy in membership . . . . . 236 6 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 237 Part 3 Procedure 7 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 8 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 9 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 10 Transaction of business outside meetings or by telecommunication .............................. 238 11 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 Schedule 2 Agency Management Committee . . . . . . . . . . . . . . . . . . . . . . . 240 Part 1 General 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 Part 2 Constitution 2 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 3 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 4 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 5 Vacancies to be advertised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 6 Extension of term of office during vacancy in membership . . . . . 242 7 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 242 8 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 243 Part 3 Procedure 9 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 10 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 11 Chief executive officer may attend meetings . . . . . . . . . . . . . . . . 244 12 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 13 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 14 Transaction of business outside meetings or by telecommunication .............................. 244 15 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 16 Defects in appointment of members. . . . . . . . . . . . . . . . . . . . . . . 245 Schedule 3 National Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Part 1 Chief executive officer 1 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 2 Functions of chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . 246 Page 14

Health Practitioner Regulation National Law Bill 2009 Contents 3 Delegation and subdelegation by chief executive officer . . . . . . . 246 4 Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 Part 2 Staff, consultants and contractors 5 Staff of National Agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 6 Staff seconded to National Agency . . . . . . . . . . . . . . . . . . . . . . . 248 7 Consultants and contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 Part 3 Reporting obligations 8 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 9 Reporting by National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 Schedule 4 National Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Part 1 General 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Part 2 Constitution 2 Terms of office of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 3 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 4 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 5 Vacancies to be advertised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 6 Extension of term of office during vacancy in membership . . . . . 252 7 Members to act in public interest . . . . . . . . . . . . . . . . . . . . . . . . . 252 8 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Part 3 Functions and powers 9 Requirement to consult other National Boards. . . . . . . . . . . . . . . 254 10 Boards may obtain assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 11 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 Part 4 Procedure 12 General procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 13 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 14 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 15 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 16 Transaction of business outside meetings or by telecommunication .............................. 256 17 First meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 18 Defects in appointment of members. . . . . . . . . . . . . . . . . . . . . . . 256 Schedule 5 Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 Part 1 Power to obtain information 1 Powers of investigators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 Page 15

Health Practitioner Regulation National Law Bill 2009 Contents 2 Offence for failing to produce information or attend before investigator ...................................... 257 3 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 Part 2 Power to enter places 4 Entering places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 5 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 6 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 7 Application by electronic communication . . . . . . . . . . . . . . . . . . . 260 8 Procedure before entry under warrant . . . . . . . . . . . . . . . . . . . . . 261 9 Powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 10 Offences for failing to comply with requirement under clause 9 . . 263 11 Seizure of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 12 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 13 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 14 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 15 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 16 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 17 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Part 3 General matters 18 Damage to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 19 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 20 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 267 21 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 267 22 Obstructing investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 23 Impersonation of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 Schedule 6 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Part 1 Power to obtain information 1 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 2 Offence for failing to produce information or attend before inspector ....................................... 269 3 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Part 2 Power to enter places 4 Entering places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 5 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 6 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 7 Application by electronic communication . . . . . . . . . . . . . . . . . . . 272 Page 16

Health Practitioner Regulation National Law Bill 2009 Contents 8 Procedure before entry under warrant . . . . . . . . . . . . . . . . . . . . . 273 9 Powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 10 Offences for failing to comply with requirement under clause 9 . . 275 11 Seizure of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 12 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 13 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 14 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 15 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 16 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 17 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 Part 3 General matters 18 Damage to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 19 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 20 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 279 21 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 279 22 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 23 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 Schedule 7 Miscellaneous provisions relating to interpretation . . . . . . . 281 Part 1 Preliminary 1 Displacement of Schedule by contrary intention . . . . . . . . . . . . . 281 Part 2 General 2 Law to be construed not to exceed legislative power of Legislature .................................... 281 3 Every section to be a substantive enactment . . . . . . . . . . . . . . . . 282 4 Material that is, and is not, part of this Law . . . . . . . . . . . . . . . . . 282 5 References to particular Acts and to enactments. . . . . . . . . . . . . 282 6 References taken to be included in Act or Law citation etc . . . . . 283 7 Interpretation best achieving Law's purpose . . . . . . . . . . . . . . . . 283 8 Use of extrinsic material in interpretation . . . . . . . . . . . . . . . . . . . 283 9 Effect of change of drafting practice and use of examples . . . . . . 285 10 Use of examples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 11 Compliance with forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Part 3 Terms and references 12 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 13 Provisions relating to defined terms and gender and number . . . 291 14 Meaning of "may" and "must" etc . . . . . . . . . . . . . . . . . . . . . . . . . 292 Page 17

Health Practitioner Regulation National Law Bill 2009 Contents 15 Words and expressions used in statutory instruments . . . . . . . . . 292 16 Effect of express references to bodies corporate and individuals 292 17 Production of records kept in computers etc . . . . . . . . . . . . . . . . 293 18 References to this jurisdiction to be implied . . . . . . . . . . . . . . . . . 293 19 References to officers and holders of offices . . . . . . . . . . . . . . . . 293 20 Reference to certain provisions of Law . . . . . . . . . . . . . . . . . . . . 294 21 Reference to provisions of this Law or an Act is inclusive . . . . . . 295 Part 4 Functions and powers 22 Performance of statutory functions. . . . . . . . . . . . . . . . . . . . . . . . 295 23 Power to make instrument or decision includes power to amend or repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 24 Matters for which statutory instruments may make provision. . . . 296 25 Presumption of validity and power to make . . . . . . . . . . . . . . . . . 298 26 Appointments may be made by name or office . . . . . . . . . . . . . . 298 27 Acting appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 28 Powers of appointment imply certain incidental powers. . . . . . . . 300 29 Delegation of functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 30 Exercise of powers between enactment and commencement . . . 303 Part 5 Distance, time and age 31 Matters relating to distance, time and age . . . . . . . . . . . . . . . . . . 305 Part 6 Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect . . . . . . . . . . . . . . . . . . . . . . . 306 33 Repealed Law provisions not revived . . . . . . . . . . . . . . . . . . . . . . 307 34 Saving of operation of repealed Law provisions . . . . . . . . . . . . . . 307 35 Continuance of repealed provisions . . . . . . . . . . . . . . . . . . . . . . . 307 36 Law and amending Acts to be read as one . . . . . . . . . . . . . . . . . 308 Part 7 Instruments under Law 37 Schedule applies to statutory instruments . . . . . . . . . . . . . . . . . . 308 Part 8 Application to coastal sea 38 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Page 18

2009 A Bill for An Act providing for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Health Practitioner Regulation 4 National Law Act 2009. 5 2 Commencement 6 This Act, other than part 4, commences on 1 July 2010. 7 3 Definitions 8 (1) For the purposes of this Act, the local application provisions 9 of this Act are the provisions of this Act other than the Health 10 Practitioner Regulation National Law set out in the schedule. 11 (2) In the local application provisions of this Act-- 12 Health Practitioner Regulation National Law (Queensland) 13 means the provisions applying in this jurisdiction because of 14 section 4. 15 (3) Terms used in the local application provisions of this Act and 16 also in the Health Practitioner Regulation National Law set 17 out in the schedule have the same meanings in those 18 provisions as they have in that Law. 19 Page 20

Health Practitioner Regulation National Law Bill 2009 Part 2 Adoption of Health Practitioner Regulation National Law [s 4] Part 2 Adoption of Health Practitioner 1 Regulation National Law 2 4 Application of Health Practitioner Regulation National 3 Law 4 The Health Practitioner Regulation National Law set out in 5 the schedule-- 6 (a) applies as a law of this jurisdiction; and 7 (b) as so applying, may be referred to as the Health 8 Practitioner Regulation National Law (Queensland); and 9 (c) as so applying, is a part of this Act. 10 5 Meaning of generic terms in Health Practitioner 11 Regulation National Law for purposes of this jurisdiction 12 In the Health Practitioner Regulation National Law 13 (Queensland)-- 14 magistrate means a magistrate appointed under the 15 Magistrates Act 1991. 16 Magistrates Court means a Magistrates Court established 17 under the Justices Act 1886. 18 this jurisdiction means Queensland. 19 6 Responsible tribunal for Health Practitioner Regulation 20 National Law (Queensland) 21 QCAT is declared to be the responsible tribunal for this 22 jurisdiction for the purposes of the Health Practitioner 23 Regulation National Law (Queensland). 24 7 Exclusion of legislation of this jurisdiction 25 The following Acts of this jurisdiction do not apply to the 26 Health Practitioner Regulation National Law (Queensland) or 27 to the instruments made under that law-- 28 Page 21

Health Practitioner Regulation National Law Bill 2009 Part 3 Provisions specific to this jurisdiction [s 8] (a) the Acts Interpretation Act 1954; 1 (b) the Auditor-General Act 2009; 2 (c) the Financial Accountability Act 2009; 3 (d) the Information Privacy Act 2009; 4 (e) the Ombudsman Act 2001; 5 (f) the Public Service Act 2008; 6 (g) the Right to Information Act 2009; 7 (h) the Statutory Bodies Financial Arrangements Act 1982; 8 (i) the Statutory Instruments Act 1992. 9 Part 3 Provisions specific to this 10 jurisdiction 11 8 Police commissioner may give criminal history 12 information 13 (1) The police commissioner may give criminal history 14 information to-- 15 (a) a National Board; or 16 (b) CrimTrac, or a police force or service of the 17 Commonwealth or another State, for the purpose of 18 CrimTrac or the police force or service giving the 19 criminal history information to a National Board. 20 (2) In this section-- 21 criminal history information means information about a 22 person's criminal history that may be included in a written 23 report under the Health Practitioner Regulation National Law 24 (Queensland), section 79 or 135. 25 Page 22

Health Practitioner Regulation National Law Bill 2009 Part 4 Amendment of Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 [s 9] 9 Review of decision by QCAT as responsible tribunal 1 A reference in the Health Practitioner Regulation National 2 Law (Queensland) to an appeal against a decision is, for an 3 appeal to QCAT as the responsible tribunal, a reference to a 4 review of the decision as provided under the QCAT Act. 5 10 Repeal 6 The Health Practitioner Regulation (Administrative 7 Arrangements) National Law Act 2008, No. 62 is repealed. 8 Part 4 Amendment of Health 9 Practitioner Regulation 10 (Administrative Arrangements) 11 National Law Act 2008 12 11 Act amended 13 This part amends the Health Practitioner Regulation 14 (Administrative Arrangements) National Law Act 2008. 15 12 Amendment of schedule (Health Practitioner Regulation 16 (Administrative Arrangements) National Law) 17 (1) Schedule, section 4(3), after `staff of'-- 18 insert-- 19 `, or consultant or contractor engaged by,'. 20 (2) Schedule, section 7-- 21 omit, insert-- 22 `7 Policy directions 23 `(1) The Ministerial Council may give directions to the National 24 Agency about the policies to be applied by the National 25 Agency in exercising its functions under this Law. 26 Page 23

Health Practitioner Regulation National Law Bill 2009 Part 4 Amendment of Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 [s 12] `(2) The Ministerial Council may give directions to a National 1 Board about the policies to be applied by the National Board 2 in exercising its functions under this Law. 3 `(3) Without limiting subsections (1) and (2), a direction under this 4 section may relate to-- 5 (a) a matter relevant to the policies of the National Agency 6 or a National Board; or 7 (b) an administrative process of the National Agency or a 8 National Board; or 9 (c) a procedure of the National Agency or a National Board; 10 or 11 (d) a particular proposed accreditation standard, or a 12 particular proposed amendment of an accreditation 13 standard, for a health profession. 14 `(4) However, the Ministerial Council may give a National Board a 15 direction under subsection (3)(d) only if-- 16 (a) in the Council's opinion, the proposed accreditation 17 standard or amendment will have a substantive and 18 negative impact on the recruitment or supply of health 19 practitioners; and 20 (b) the Council has first given consideration to the potential 21 impact of the Council's direction on the quality and 22 safety of health care. 23 `(5) A direction under this section can not be about-- 24 (a) a particular person; or 25 (b) a particular qualification; or 26 (c) a particular application, notification or proceeding. 27 `(6) The National Agency or a National Board must comply with a 28 direction given to it by the Ministerial Council under this 29 section.'. 30 (3) Schedule, section 8(2), `, accreditation'-- 31 omit. 32 Page 24

Health Practitioner Regulation National Law Bill 2009 Part 4 Amendment of Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 [s 12] (4) Schedule, section 9(3), `consideration'-- 1 omit, insert-- 2 `approval'. 3 (5) Schedule, sections 29(3) and 46(2), after `staff of'-- 4 insert-- 5 `, or contractor engaged by,'. 6 (6) Schedule, section 33(1) and (2), after `consultants'-- 7 insert-- 8 `or contractors'. 9 (7) Schedule, section 45(1)-- 10 insert-- 11 `(ab) to develop standards relating to accreditation 12 (accreditation standards) with respect to a particular 13 health profession;'. 14 (8) Schedule, section 45-- 15 insert-- 16 `(2A) An accreditation standard that is developed by a committee of 17 a National Board is to be submitted to the National Board for 18 its approval.'. 19 (9) Schedule, section 54(3), definition protected person-- 20 insert-- 21 `(d) a consultant or contractor engaged by the National 22 Agency.'. 23 Page 25

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 1] Schedule Health Practitioner Regulation 1 National Law 2 section 4 3 Part 1 Preliminary 4 1 Short title 5 This Law may be cited as the Health Practitioner Regulation 6 National Law. 7 2 Commencement 8 This Law commences in a participating jurisdiction as 9 provided by the Act of that jurisdiction that applies this Law 10 as a law of that jurisdiction. 11 3 Objectives and guiding principles 12 (1) The object of this Law is to establish a national registration 13 and accreditation scheme for-- 14 (a) the regulation of health practitioners; and 15 (b) the registration of students undertaking-- 16 (i) programs of study that provide a qualification for 17 registration in a health profession; or 18 (ii) clinical training in a health profession. 19 (2) The objectives of the national registration and accreditation 20 scheme are-- 21 (a) to provide for the protection of the public by ensuring 22 that only health practitioners who are suitably trained 23 and qualified to practise in a competent and ethical 24 manner are registered; and 25 Page 26

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 4] (b) to facilitate workforce mobility across Australia by 1 reducing the administrative burden for health 2 practitioners wishing to move between participating 3 jurisdictions or to practise in more than one 4 participating jurisdiction; and 5 (c) to facilitate the provision of high quality education and 6 training of health practitioners; and 7 (d) to facilitate the rigorous and responsive assessment of 8 overseas-trained health practitioners; and 9 (e) to facilitate access to services provided by health 10 practitioners in accordance with the public interest; and 11 (f) to enable the continuous development of a flexible, 12 responsive and sustainable Australian health workforce 13 and to enable innovation in the education of, and service 14 delivery by, health practitioners. 15 (3) The guiding principles of the national registration and 16 accreditation scheme are as follows-- 17 (a) the scheme is to operate in a transparent, accountable, 18 efficient, effective and fair way; 19 (b) fees required to be paid under the scheme are to be 20 reasonable having regard to the efficient and effective 21 operation of the scheme; 22 (c) restrictions on the practice of a health profession are to 23 be imposed under the scheme only if it is necessary to 24 ensure health services are provided safely and are of an 25 appropriate quality. 26 4 How functions to be exercised 27 An entity that has functions under this Law is to exercise its 28 functions having regard to the objectives and guiding 29 principles of the national registration and accreditation 30 scheme set out in section 3. 31 Page 27

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] 5 Definitions 1 In this Law-- 2 accreditation authority means-- 3 (a) an external accreditation entity; or 4 (b) an accreditation committee. 5 accreditation committee means a committee established by a 6 National Board to exercise an accreditation function for the 7 health profession for which the Board is established. 8 accreditation standard, for a health profession, means a 9 standard used to assess whether a program of study, and the 10 education provider that provides the program of study, 11 provide persons who complete the program with the 12 knowledge, skills and professional attributes necessary to 13 practise the profession in Australia. 14 accredited program of study means a program of study 15 accredited under section 48 by an accreditation authority. 16 adjudication body means-- 17 (a) a panel; or 18 (b) a responsible tribunal; or 19 (c) a Court; or 20 (d) an entity of a co-regulatory jurisdiction that is declared 21 in the Act applying this Law to be an adjudication body 22 for the purposes of this Law. 23 Advisory Council means the Australian Health Workforce 24 Advisory Council established by section 18. 25 Agency Fund means the Australian Health Practitioner 26 Regulation Agency Fund established by section 208. 27 Agency Management Committee means the Australian 28 Health Practitioner Regulation Agency Management 29 Committee established by section 29. 30 appropriate professional indemnity insurance 31 arrangements, in relation to a registered health practitioner, 32 Page 28

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] means professional indemnity insurance arrangements that 1 comply with an approved registration standard for the health 2 profession in which the practitioner is registered. 3 approved accreditation standard means an accreditation 4 standard-- 5 (a) approved by a National Board under section 47(3); and 6 (b) published on the Board's website under section 47(6). 7 approved area of practice, for a health profession, means an 8 area of practice approved under section 15 for the profession. 9 approved program of study, for a health profession or for 10 endorsement of registration in a health profession, means an 11 accredited program of study-- 12 (a) approved under section 49(1) by the National Board 13 established for the health profession; and 14 (b) included in the list published by the National Agency 15 under section 49(5). 16 approved qualification-- 17 (a) for a health profession, means a qualification obtained 18 by completing an approved program of study for the 19 profession; and 20 (b) for endorsement of registration in a health profession, 21 means a qualification obtained by completing an 22 approved program of study relevant to the endorsement. 23 approved registration standard means a registration 24 standard-- 25 (a) approved by the Ministerial Council under section 12; 26 and 27 (b) published on the website of the National Board that 28 developed the standard. 29 Australian legal practitioner means a person who-- 30 (a) is admitted to the legal profession under the law of a 31 State or Territory; and 32 Page 29

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] (b) holds a current practising certificate under a law of a 1 State or Territory authorising the person to practise the 2 legal profession. 3 COAG Agreement means the agreement for a national 4 registration and accreditation scheme for health professions, 5 made on 26 March 2008 between the Commonwealth, the 6 States, the Australian Capital Territory and the Northern 7 Territory. 8 Note. A copy of the COAG Agreement is available on the Council of 9 Australian Governments' website. 10 co-regulatory authority, for a co-regulatory jurisdiction, 11 means an entity that is declared by the Act applying this Law 12 in the co-regulatory jurisdiction to be a co-regulatory 13 authority for the purposes of this Law. 14 co-regulatory jurisdiction means a participating jurisdiction 15 in which the Act applying this Law declares that the 16 jurisdiction is not participating in the health, performance and 17 conduct process provided by Divisions 3 to 12 of Part 8. 18 corresponding prior Act means a law of a participating 19 jurisdiction that-- 20 (a) was in force before the day on which the jurisdiction 21 became a participating jurisdiction; and 22 (b) established an entity having functions that included-- 23 (i) the registration of persons as health practitioners; 24 or 25 (ii) health, conduct or performance action. 26 criminal history, of a person, means the following-- 27 (a) every conviction of the person for an offence, in a 28 participating jurisdiction or elsewhere, and whether 29 before or after the commencement of this Law; 30 (b) every plea of guilty or finding of guilt by a court of the 31 person for an offence, in a participating jurisdiction or 32 elsewhere, and whether before or after the 33 commencement of this Law and whether or not a 34 conviction is recorded for the offence; 35 Page 30

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] (c) every charge made against the person for an offence, in 1 a participating jurisdiction or elsewhere, and whether 2 before or after the commencement of this Law. 3 criminal history law means a law of a participating 4 jurisdiction that provides that spent or other convictions do 5 not form part of a person's criminal history and prevents or 6 does not require the disclosure of those convictions. 7 CrimTrac means the CrimTrac agency established under 8 section 65 of the Public Service Act 1999 of the 9 Commonwealth. 10 division, of a health profession, means a part of a health 11 profession for which a Division is included in the National 12 Register kept for the profession. 13 education provider means-- 14 (a) a university; or 15 (b) a tertiary education institution, or another institution or 16 organisation, that provides vocational training; or 17 (c) a specialist medical college or other health profession 18 college. 19 entity includes a person and an unincorporated body. 20 exercise a function includes perform a duty. 21 external accreditation entity means an entity, other than a 22 committee established by a National Board, that exercises an 23 accreditation function. 24 health assessment means an assessment of a person to 25 determine whether the person has an impairment and includes 26 a medical, physical, psychiatric or psychological examination 27 or test of the person. 28 health complaints entity means an entity-- 29 (a) that is established by or under an Act of a participating 30 jurisdiction; and 31 Page 31

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] (b) whose functions include conciliating, investigating and 1 resolving complaints made against health service 2 providers and investigating failures in the health system. 3 health, conduct or performance action means action that-- 4 (a) a National Board or an adjudication body may take in 5 relation to a registered health practitioner or student at 6 the end of a proceeding under Part 8; or 7 (b) a co-regulatory authority or an adjudication body may 8 take in relation to a registered health practitioner or 9 student at the end of a proceeding that, under the law of 10 a co-regulatory jurisdiction, substantially corresponds to 11 a proceeding under Part 8. 12 health panel means a panel established under section 181. 13 health practitioner means an individual who practises a 14 health profession. 15 health profession means the following professions, and 16 includes a recognised specialty in any of the following 17 professions-- 18 (a) Aboriginal and Torres Strait Islander health practice; 19 (b) Chinese medicine; 20 (c) chiropractic; 21 (d) dental (including the profession of a dentist, dental 22 therapist, dental hygienist, dental prosthetist and oral 23 health therapist); 24 (e) medical; 25 (f) medical radiation practice; 26 (g) nursing and midwifery; 27 (h) occupational therapy; 28 (i) optometry; 29 (j) osteopathy; 30 (k) pharmacy; 31 Page 32

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] (l) physiotherapy; 1 (m) podiatry; 2 (n) psychology. 3 Note. See Division 15 of Part 12 which provides for a staged 4 commencement of the application of this Law to the Aboriginal and Torres 5 Strait Islander health practice, Chinese medicine, medical radiation 6 practice and occupational therapy professions. 7 health profession agreement has the meaning given by 8 section 26. 9 health program means a program providing education, 10 prevention, early intervention, treatment or rehabilitation 11 services relating to physical or mental impairments, 12 disabilities, conditions or disorders, including substance abuse 13 or dependence. 14 health service includes the following services, whether 15 provided as public or private services-- 16 (a) services provided by registered health practitioners; 17 (b) hospital services; 18 (c) mental health services; 19 (d) pharmaceutical services; 20 (e) ambulance services; 21 (f) community health services; 22 (g) health education services; 23 (h) welfare services necessary to implement any services 24 referred to in paragraphs (a) to (g); 25 (i) services provided by dietitians, masseurs, naturopaths, 26 social workers, speech pathologists, audiologists or 27 audiometrists; 28 (j) pathology services. 29 health service provider means a person who provides a health 30 service. 31 Page 33

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] impairment, in relation to a person, means the person has a 1 physical or mental impairment, disability, condition or 2 disorder (including substance abuse or dependence) that 3 detrimentally affects or is likely to detrimentally affect-- 4 (a) for a registered health practitioner or an applicant for 5 registration in a health profession, the person's capacity 6 to practise the 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 10 the student is enrolled; or 11 (ii) arranged by an education provider. 12 local registration authority means an entity having functions 13 under a law of a State or Territory that include the registration 14 of persons as health practitioners. 15 mandatory notification means a notification an entity is 16 required to make to the National Agency under Division 2 of 17 Part 8. 18 medical practitioner means a person who is registered under 19 this Law in the medical profession. 20 Ministerial Council means the Australian Health Workforce 21 Ministerial Council comprising Ministers of the governments 22 of the participating jurisdictions and the Commonwealth with 23 portfolio responsibility for health. 24 National Agency means the Australian Health Practitioner 25 Regulation Agency established by section 23. 26 National Board means a National Health Practitioner Board 27 established by section 31. 28 National Register means the Register kept by a National 29 Board under section 222. 30 national registration and accreditation scheme means the 31 scheme-- 32 (a) referred to in the COAG Agreement; and 33 Page 34

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] (b) established by this Law. 1 notification means-- 2 (a) a mandatory notification; or 3 (b) a voluntary notification. 4 notifier means a person who makes a notification. 5 panel means-- 6 (a) a health panel; or 7 (b) a performance and professional standards panel. 8 participating jurisdiction means a State or Territory-- 9 (a) that is a party to the COAG Agreement; and 10 (b) in which-- 11 (i) this Law applies as a law of the State or Territory; 12 or 13 (ii) a law that substantially corresponds to the 14 provisions of this Law has been enacted. 15 performance and professional standards panel means a 16 panel established under section 182. 17 performance assessment means an assessment of the 18 knowledge, skill or judgment possessed, or care exercised by, 19 a registered health practitioner in the practice of the health 20 profession in which the practitioner is registered. 21 police commissioner means the commissioner of the police 22 force or police service of a participating jurisdiction or the 23 Commonwealth. 24 principal place of practice, for a registered health 25 practitioner, means the address declared by the practitioner to 26 be the address-- 27 (a) at which the practitioner is predominantly practising the 28 profession; or 29 (b) if the practitioner is not practising the profession or is 30 not practising the profession predominantly at one 31 Page 35

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] address, that is the practitioner's principal place of 1 residence. 2 professional misconduct, of a registered health practitioner, 3 includes-- 4 (a) unprofessional conduct by the practitioner that amounts 5 to conduct that is substantially below the standard 6 reasonably expected of a registered health practitioner 7 of an equivalent level of training or experience; and 8 (b) more than one instance of unprofessional conduct that, 9 when considered together, amounts to conduct that is 10 substantially below the standard reasonably expected of 11 a registered health practitioner of an equivalent level of 12 training or experience; and 13 (c) conduct of the practitioner, whether occurring in 14 connection with the practice of the health practitioner's 15 profession or not, that is inconsistent with the 16 practitioner being a fit and proper person to hold 17 registration in the profession. 18 program of study means a program of study provided by an 19 education provider. 20 psychologist means a person registered under this Law in the 21 psychology profession. 22 public health facility includes-- 23 (a) a public hospital; and 24 (b) a public health, teaching or research facility. 25 recognised specialty means a specialty in a health profession 26 that has been approved by the Ministerial Council under 27 section 13(2). 28 registered health practitioner means an individual who-- 29 (a) is registered under this Law to practise a health 30 profession, other than as a student; or 31 (b) holds non-practising registration under this Law in a 32 health profession. 33 Page 36

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] registration authority means-- 1 (a) a local registration authority; or 2 (b) an entity of a jurisdiction outside Australia that has 3 responsibility for registering health practitioners in that 4 jurisdiction. 5 registration standard means a registration standard developed 6 by a National Board under section 38. 7 registration status, in relation to an applicant for registration, 8 includes-- 9 (a) any undertakings given by the applicant to a registration 10 authority, whether before or after the commencement of 11 this Law; and 12 (b) any conditions previously imposed on the applicant's 13 registration by a registration authority, whether before or 14 after the commencement of this Law; and 15 (c) any decisions made by a registration authority, a 16 tribunal, a court or another entity having functions 17 relating to the regulation of health practitioners about 18 the applicant's practice of the profession, whether 19 before or after the commencement of this Law; and 20 (d) any investigation commenced by a registration authority 21 or a health complaints entity into the applicant's 22 conduct, performance or possible impairment but not 23 finalised at the time of the application. 24 relevant action, for Division 10 of Part 8, see section 178. 25 relevant fee, for a service provided by a National Board, 26 means the fee-- 27 (a) set under a health profession agreement between the 28 Board and the National Agency for the service; and 29 (b) published on the Board's website under section 26(3). 30 responsible Minister means a Minister responsible for the 31 administration of this Law in a participating jurisdiction. 32 responsible tribunal means a tribunal or court that-- 33 Page 37

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] (a) is declared, by the Act applying this Law in a 1 participating jurisdiction, to be the responsible tribunal 2 for that jurisdiction for the purposes of this Law as 3 applied in that jurisdiction, or 4 (b) is declared, by a law that substantially corresponds to 5 this Law enacted in a participating jurisdiction, to be the 6 responsible tribunal for that jurisdiction for the purposes 7 of the law of that jurisdiction. 8 review period, for a condition or undertaking, means the 9 period during which the condition may not be changed or 10 removed, or the undertaking may not be changed or revoked, 11 under section 125, 126 or 127. 12 scheduled medicine means a substance included in a 13 Schedule to the current Poisons Standard within the meaning 14 of the Therapeutic Goods Act 1989 of the Commonwealth. 15 specialist health practitioner means a person registered under 16 this Law in a recognised specialty. 17 Specialists Register means a register kept by a National Board 18 under section 223. 19 specialist title, in relation to a recognised specialty, means a 20 title that is approved by the Ministerial Council under section 21 13 as being a specialist title for that recognised specialty. 22 State or Territory Board has the meaning given by section 36. 23 student means a person whose name is entered in a student 24 register as being currently registered under this Law. 25 student register, for a health profession, means a register kept 26 under section 229 by the National Board established for the 27 profession. 28 unprofessional conduct, of a registered health practitioner, 29 means professional conduct that is of a lesser standard than 30 that which might reasonably be expected of the health 31 practitioner by the public or the practitioner's professional 32 peers, and includes-- 33 (a) a contravention by the practitioner of this Law, whether 34 or not the practitioner has been prosecuted for, or 35 Page 38

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 5] convicted of, an offence in relation to the contravention; 1 and 2 (b) a contravention by the practitioner of-- 3 (i) a condition to which the practitioner's registration 4 was subject; or 5 (ii) an undertaking given by the practitioner to the 6 National Board that registers the practitioner; and 7 (c) the conviction of the practitioner for an offence under 8 another Act, the nature of which may affect the 9 practitioner's suitability to continue to practise the 10 profession; and 11 (d) providing a person with health services of a kind that are 12 excessive, unnecessary or otherwise not reasonably 13 required for the person's well-being; and 14 (e) influencing, or attempting to influence, the conduct of 15 another registered health practitioner in a way that may 16 compromise patient care; and 17 (f) accepting a benefit as inducement, consideration or 18 reward for referring another person to a health service 19 provider or recommending another person use or consult 20 with a health service provider; and 21 (g) offering or giving a person a benefit, consideration or 22 reward in return for the person referring another person 23 to the practitioner or recommending to another person 24 that the person use a health service provided by the 25 practitioner; and 26 (h) referring a person to, or recommending that a person use 27 or consult, another health service provider, health 28 service or health product if the practitioner has a 29 pecuniary interest in giving that referral or 30 recommendation, unless the practitioner discloses the 31 nature of that interest to the person before or at the time 32 of giving the referral or recommendation. 33 unsatisfactory professional performance, of a registered 34 health practitioner, means the knowledge, skill or judgment 35 Page 39

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 6] possessed, or care exercised by, the practitioner in the practice 1 of the health profession in which the practitioner is registered 2 is below the standard reasonably expected of a health 3 practitioner of an equivalent level of training or experience. 4 voluntary notification means a notification made under 5 Division 3 of Part 8. 6 6 Interpretation generally 7 Schedule 7 applies in relation to this Law. 8 7 Single national entity 9 (1) It is the intention of the Parliament of this jurisdiction that this 10 Law as applied by an Act of this jurisdiction, together with 11 this Law as applied by Acts of the other participating 12 jurisdictions, has the effect that an entity established by this 13 Law is one single national entity, with functions conferred by 14 this Law as so applied. 15 (2) An entity established by this Law has power to do acts in or in 16 relation to this jurisdiction in the exercise of a function 17 expressed to be conferred on it by this Law as applied by Acts 18 of each participating jurisdiction. 19 (3) An entity established by this Law may exercise its functions in 20 relation to-- 21 (a) one participating jurisdiction; or 22 (b) 2 or more or all participating jurisdictions collectively. 23 (4) In this section, a reference to this Law as applied by an Act of 24 a jurisdiction includes a reference to a law that substantially 25 corresponds to this Law enacted in a jurisdiction. 26 8 Extraterritorial operation of Law 27 It is the intention of the Parliament of this jurisdiction that the 28 operation of this Law is to, as far as possible, include 29 operation in relation to the following-- 30 Page 40

Health Practitioner Regulation National Law Bill 2009 Part 1 Preliminary [s 9] (a) things situated in or outside the territorial limits of this 1 jurisdiction; 2 (b) acts, transactions and matters done, entered into or 3 occurring in or outside the territorial limits of this 4 jurisdiction; 5 (c) things, acts, transactions and matters (wherever situated, 6 done, entered into or occurring) that would, apart from 7 this Law, be governed or otherwise affected by the law 8 of another jurisdiction. 9 9 Trans-Tasman mutual recognition principle 10 This Law does not affect the operation of an Act of a 11 participating jurisdiction providing for the application of the 12 Trans-Tasman mutual recognition principle to occupations. 13 10 Law binds the State 14 (1) This Law binds the State. 15 (2) In this section-- 16 State means the Crown in right of this jurisdiction, and 17 includes-- 18 (a) the Government of this jurisdiction; and 19 (b) a Minister of the Crown in right of this jurisdiction; and 20 (c) a statutory corporation, or other entity, representing the 21 Crown in right of this jurisdiction. 22 Page 41

Health Practitioner Regulation National Law Bill 2009 Part 2 Ministerial Council [s 11] Part 2 Ministerial Council 1 11 Policy directions 2 (1) The Ministerial Council may give directions to the National 3 Agency about the policies to be applied by the National 4 Agency in exercising its functions under this Law. 5 (2) The Ministerial Council may give directions to a National 6 Board about the policies to be applied by the National Board 7 in exercising its functions under this Law. 8 (3) Without limiting subsections (1) and (2), a direction under this 9 section may relate to-- 10 (a) a matter relevant to the policies of the National Agency 11 or a National Board; or 12 (b) an administrative process of the National Agency or a 13 National Board; or 14 (c) a procedure of the National Agency or a National Board; 15 or 16 (d) a particular proposed accreditation standard, or a 17 particular proposed amendment of an accreditation 18 standard, for a health profession. 19 (4) However, the Ministerial Council may give a National Board a 20 direction under subsection (3)(d) only if-- 21 (a) in the Council's opinion, the proposed accreditation 22 standard or amendment will have a substantive and 23 negative impact on the recruitment or supply of health 24 practitioners; and 25 (b) the Council has first given consideration to the potential 26 impact of the Council's direction on the quality and 27 safety of health care. 28 (5) A direction under this section cannot be about-- 29 (a) a particular person; or 30 (b) a particular qualification; or 31 Page 42

Health Practitioner Regulation National Law Bill 2009 Part 2 Ministerial Council [s 12] (c) a particular application, notification or proceeding. 1 (6) The National Agency or a National Board must comply with a 2 direction given to it by the Ministerial Council under this 3 section. 4 12 Approval of registration standards 5 (1) The Ministerial Council may approve a registration standard 6 about-- 7 (a) the registration, or renewal of registration, of persons in 8 a health profession; or 9 (b) the endorsement, or renewal of the endorsement, of the 10 registration of registered health practitioners. 11 (2) The Ministerial Council may approve a registration standard 12 for a health profession only if-- 13 (a) its approval is recommended by the National Board 14 established for the health profession; and 15 (b) it does not provide for a matter about which an 16 accreditation standard may provide. 17 Note. An accreditation standard for a health profession is a standard 18 used to assess whether a program of study, and the education 19 provider that provides the program, provide persons who complete 20 the program with the knowledge, skills and professional attributes 21 to practise the profession in Australia. Accreditation standards are 22 developed and approved under Division 3 of Part 6. 23 (3) The Ministerial Council may, at any time, ask a National 24 Board to review an approved or proposed registration standard 25 for the health profession for which the National Board is 26 established. 27 13 Approvals in relation to specialist registration 28 (1) The following health professions, or divisions of health 29 professions, are health professions for which specialist 30 recognition operates under this Law-- 31 (a) the medical profession; 32 Page 43

Health Practitioner Regulation National Law Bill 2009 Part 2 Ministerial Council [s 14] (b) the dentists division of the dental profession; 1 (c) any other health profession approved by the Ministerial 2 Council, on the recommendation of the National Board 3 established for the profession. 4 (2) If a health profession is a profession for which specialist 5 recognition operates, the Ministerial Council may, on the 6 recommendation of the National Board established for the 7 profession-- 8 (a) approve a list of specialties for the profession; and 9 (b) approve one or more specialist titles for each specialty 10 in the list. 11 (3) In making a recommendation to the Ministerial Council for 12 the purposes of subsection (1)(c) or (2), a National Board 13 established for a health profession may have regard to any 14 relevant advice provided by-- 15 (a) an accreditation authority for the profession; or 16 (b) a specialist college for the profession. 17 (4) The Ministerial Council may provide guidance to a National 18 Board established for a health profession for which specialist 19 recognition will operate in relation to the criteria for the 20 approval of specialties for the profession by the Council. 21 14 Approval of endorsement in relation to scheduled 22 medicines 23 (1) The Ministerial Council may, on the recommendation of a 24 National Board, decide that the Board may endorse the 25 registration of health practitioners practising the profession 26 for which the Board is established as being qualified to 27 administer, obtain, possess, prescribe, sell, supply or use a 28 scheduled medicine or class of scheduled medicines. 29 Note. See section 94 which provides for the endorsement of health 30 practitioners' registration in relation to scheduled medicines. 31 (2) An approval under subsection (1) is to specify-- 32 Page 44

Health Practitioner Regulation National Law Bill 2009 Part 2 Ministerial Council [s 15] (a) the class of health practitioners registered by the Board 1 to which the approval relates; and 2 (b) whether the National Board may endorse the registration 3 of the class of health practitioners as being qualified in 4 relation to a particular scheduled medicine or a class of 5 scheduled medicines; and 6 (c) whether the National Board may endorse the registration 7 of the class of health practitioners in relation to 8 administering, obtaining, possessing, prescribing, 9 selling, supplying or using the scheduled medicine or 10 class of scheduled medicines. 11 15 Approval of areas of practice for purposes of 12 endorsement 13 The Ministerial Council may, on the recommendation of a 14 National Board, approve an area of practice in the health 15 profession for which the Board is established as being an area 16 of practice for which the registration of a health practitioner 17 registered in the profession may be endorsed. 18 Note. See section 98 which provides for the endorsement of health 19 practitioners' registration in relation to approved areas of practice. 20 16 How Ministerial Council exercises functions 21 (1) The Ministerial Council is to give a direction or approval, or 22 make a recommendation, request or appointment, for the 23 purposes of a provision of this Law by resolution of the 24 Council passed in accordance with procedures determined by 25 the Council. 26 (2) An act or thing done by the Ministerial Council (whether by 27 resolution, instrument or otherwise) does not cease to have 28 effect merely because of a change in the Council's 29 membership. 30 Page 45

Health Practitioner Regulation National Law Bill 2009 Part 3 Australian Health Workforce Advisory Council [s 17] 17 Notification and publication of directions and approvals 1 (1) A copy of any direction given by the Ministerial Council to 2 the National Agency-- 3 (a) is to be given to the Chairperson of the Agency 4 Management Committee; and 5 (b) must be published by the National Agency on its 6 website as soon as practicable after being received by 7 the Chairperson. 8 (2) A copy of a direction or approval given by the Ministerial 9 Council to a National Board-- 10 (a) is to be given to the Chairperson of the National Board; 11 and 12 (b) if the direction is given under section 11(3)(d), is to 13 include reasons for the direction; and 14 (c) must be published by the National Board on its website 15 as soon as practicable after being received by the 16 Chairperson. 17 (3) A copy of a direction or approval given by the Ministerial 18 Council to the National Agency or to a National Board is to be 19 published in the annual report of the National Agency. 20 Part 3 Australian Health Workforce 21 Advisory Council 22 18 Establishment of Advisory Council 23 The Australian Health Workforce Advisory Council is 24 established. 25 Page 46

Health Practitioner Regulation National Law Bill 2009 Part 3 Australian Health Workforce Advisory Council [s 19] 19 Function of Advisory Council 1 (1) The function of the Advisory Council is to provide 2 independent advice to the Ministerial Council about the 3 following-- 4 (a) any matter relating to the national registration and 5 accreditation scheme that is referred to it by the 6 Ministerial Council; 7 (b) if asked by the Ministerial Council, any matter relating 8 to the national registration and accreditation scheme on 9 which the Ministerial Council has been unable to reach 10 a decision; 11 (c) any other matter relating to the national registration and 12 accreditation scheme that it considers appropriate. 13 (2) Advice under this section cannot be about-- 14 (a) a particular person; or 15 (b) a particular qualification; or 16 (c) a particular application, notification or proceeding. 17 20 Publication of advice 18 (1) The Ministerial Council is to make arrangements for the 19 publication of advice given to it by the Advisory Council as 20 soon as practicable after the Ministerial Council has had the 21 opportunity to consider the advice, in accordance with the 22 COAG Agreement. 23 (2) However, the Ministerial Council may decide not to publish 24 an advice or part of an advice if the Advisory Council 25 recommends that the Council not publish it in the interests of 26 protecting the privacy of any person. 27 21 Powers of Advisory Council 28 The Advisory Council has the powers necessary to enable it to 29 exercise its function. 30 Page 47

Health Practitioner Regulation National Law Bill 2009 Part 4 Australian Health Practitioner Regulation Agency [s 22] 22 Membership of Advisory Council 1 (1) The Advisory Council is to consist of 7 members. 2 (2) Members of the Advisory Council are to be appointed by the 3 Ministerial Council. 4 (3) One of the members of the Advisory Council is to be 5 appointed as Chairperson, being a person who-- 6 (a) is not a registered health practitioner; and 7 (b) has not been registered as a health practitioner under this 8 Law or a corresponding prior Act within the last 5 years. 9 (4) At least 3 of the other members of the Advisory Council are to 10 be persons who have expertise in health, or education and 11 training, or both. 12 (5) Schedule 1 sets out provisions relating to the Advisory 13 Council. 14 Part 4 Australian Health Practitioner 15 Regulation Agency 16 Division 1 National Agency 17 23 National Agency 18 (1) The Australian Health Practitioner Regulation Agency is 19 established. 20 (2) The National Agency-- 21 (a) is a body corporate with perpetual succession; and 22 (b) has a common seal; and 23 (c) may sue and be sued in its corporate name. 24 (3) The National Agency represents the State. 25 Page 48

Health Practitioner Regulation National Law Bill 2009 Part 4 Australian Health Practitioner Regulation Agency [s 24] (4) Schedule 3 sets out provisions relating to the National 1 Agency. 2 24 General powers of National Agency 3 The National Agency has all the powers of an individual and, 4 in particular, may-- 5 (a) enter into contracts; and 6 (b) acquire, hold, dispose of, and deal with, real and 7 personal property; and 8 (c) do anything necessary or convenient to be done in the 9 exercise of 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 13 National Boards, and the Boards' committees, in 14 exercising their functions; 15 (b) in consultation with the National Boards, to develop and 16 administer procedures for the purpose of ensuring the 17 efficient and effective operation of the National Boards; 18 (c) to establish procedures for the development of 19 accreditation standards, registration standards and codes 20 and guidelines approved by National Boards, for the 21 purpose of ensuring the national registration and 22 accreditation scheme operates in accordance with good 23 regulatory practice; 24 (d) to negotiate in good faith with, and attempt to come to 25 an agreement with, each National Board on the terms of 26 a health profession agreement; 27 (e) to establish and administer an efficient procedure for 28 receiving and dealing with applications for registration 29 as a health practitioner and other matters relating to the 30 registration of registered health practitioners; 31 Page 49

Health Practitioner Regulation National Law Bill 2009 Part 4 Australian Health Practitioner Regulation Agency [s 26] (f) in conjunction with the National Boards, to keep 1 up-to-date and publicly accessible national registers of 2 registered health practitioners for each health 3 profession; 4 (g) in conjunction with the National Boards, to keep 5 up-to-date national registers of students for each health 6 profession; 7 (h) to keep an up-to-date and publicly accessible list of 8 approved programs of study for each health profession; 9 (i) to establish an efficient procedure for receiving and 10 dealing with notifications against persons who are or 11 were registered health practitioners and persons who are 12 students, including by establishing a national process for 13 receiving notifications about registered health 14 practitioners in all professions; 15 (j) to provide advice to the Ministerial Council in 16 connection with the administration of the national 17 registration and accreditation scheme; 18 (k) if asked by the Ministerial Council, to give to the 19 Ministerial Council the assistance or information 20 reasonably required by the Ministerial Council in 21 connection with the administration of the national 22 registration and accreditation scheme; 23 (l) any other function given to the National Agency by or 24 under this Law. 25 26 Health profession agreements 26 (1) The National Agency must enter into an agreement (a health 27 profession agreement) with a National Board that makes 28 provision for the following-- 29 (a) the fees that will be payable under this Law by health 30 practitioners and others in respect of the health 31 profession for which the Board is established (including 32 arrangements relating to refunds of fees, waivers of fees 33 and additional fees for late payment); 34 Page 50

Health Practitioner Regulation National Law Bill 2009 Part 4 Australian Health Practitioner Regulation Agency [s 27] (b) the annual budget of the National Board (including the 1 funding arrangements for its committees and 2 accreditation authorities); 3 (c) the services to be provided to the National Board by the 4 National Agency to enable the National Board to carry 5 out its functions under this Law. 6 (2) If the National Agency and a National Board are unable to 7 agree on a matter relating to a health profession agreement or 8 a proposed health profession agreement, the Ministerial 9 Council may give directions to the National Agency and 10 National Board about how the dispute is to be resolved. 11 (3) Each National Board must publish on its website the fees for 12 which provision has been made in a health profession 13 agreement between the Board and the National Agency. 14 27 Co-operation with participating jurisdictions and 15 Commonwealth 16 (1) The National Agency may exercise any of its functions in 17 co-operation with or with the assistance of a participating 18 jurisdiction or the Commonwealth, including in co-operation 19 with or with the assistance of any of the following-- 20 (a) a government agency of a participating jurisdiction or of 21 the Commonwealth; 22 (b) a local registration authority; 23 (c) a co-regulatory authority; 24 (d) a health complaints entity; 25 (e) an educational body or other body established by or 26 under a law of a participating jurisdiction or the 27 Commonwealth. 28 (2) In particular, the National Agency may-- 29 (a) ask an entity referred to in subsection (1) for 30 information that the Agency requires to exercise its 31 functions under this Law; and 32 Page 51

Health Practitioner Regulation National Law Bill 2009 Part 4 Australian Health Practitioner Regulation Agency [s 28] (b) use the information to exercise its functions under this 1 Law. 2 (3) An entity referred to in subsection (1) that receives a request 3 for information from the National Agency is authorised to 4 give the information to the National Agency. 5 28 Office of National Agency 6 (1) The National Agency is to establish a national office. 7 (2) The National Agency is also to establish at least one local 8 office in each participating jurisdiction. 9 Division 2 Agency Management Committee 10 29 Agency Management Committee 11 (1) The Australian Health Practitioner Regulation Agency 12 Management Committee is established. 13 (2) The Agency Management Committee is to consist of at least 5 14 members appointed by the Ministerial Council. 15 (3) Of the members-- 16 (a) one is to be a person appointed by the Ministerial 17 Council as Chairperson, being a person who-- 18 (i) is not a registered health practitioner; and 19 (ii) has not been registered as a health practitioner 20 under this Law or a corresponding prior Act within 21 the last 5 years; and 22 (b) at least 2 others are to be persons who have expertise in 23 health, or education and training, or both; and 24 (c) at least 2 others are to be persons who are not current or 25 former registered health practitioners and who have 26 business or administrative expertise. 27 (4) Schedule 2 sets out provisions relating to the Agency 28 Management Committee. 29 Page 52

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 30] 30 Functions of Agency Management Committee 1 (1) The functions of the Agency Management Committee are as 2 follows-- 3 (a) subject to any directions of the Ministerial Council, to 4 decide the policies of the National Agency; 5 (b) to ensure that the National Agency performs its 6 functions in a proper, effective and efficient way; 7 (c) any other function given to the Committee by or under 8 this Law. 9 (2) The affairs of the National Agency are to be controlled by the 10 Agency Management Committee and all acts and things done 11 in the name of, or on behalf of, the National Agency by or 12 with the authority of the Agency Management Committee are 13 taken to have been done by the National Agency. 14 Part 5 National Boards 15 Division 1 National Boards 16 31 Establishment of National Boards 17 (1) Each of the following National Health Practitioner Boards is 18 established for the health profession listed beside that Board 19 in the following Table-- 20 Table-- National Boards 21 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 Chinese medicine Australia Chiropractic Board of Australia chiropractic Page 53

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 32] 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 7 necessary to 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 Page 54

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 33] (3) The National Board may exercise any of its functions in 1 co-operation with or with the assistance of a participating 2 jurisdiction or the Commonwealth, including in co-operation 3 with or with the assistance of any of the following-- 4 (a) a government agency of a participating jurisdiction or of 5 the Commonwealth; 6 (b) a local registration authority; 7 (c) a co-regulatory authority; 8 (d) a health complaints entity; 9 (e) an educational body or other body established by or 10 under a law of a participating jurisdiction or the 11 Commonwealth. 12 (4) In particular, the National Board may-- 13 (a) ask an entity referred to in subsection (3) for 14 information that the Board requires to exercise its 15 functions under this Law; and 16 (b) use the information to exercise its functions under this 17 Law. 18 (5) An entity referred to in subsection (3) that receives a request 19 for information from the National Board is authorised to give 20 the information to the National Board. 21 33 Membership of National Boards 22 (1) A National Board is to consist of members appointed in 23 writing by the Ministerial Council. 24 (2) Members of a National Board are to be appointed as 25 practitioner members or community members. 26 (3) Subject to this section, the Ministerial Council may decide the 27 size and composition of a National Board. 28 (4) At least half, but not more than two-thirds, of the members of 29 a National Board must be persons appointed as practitioner 30 members. 31 Page 55

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 33] (5) The practitioner members of a National Board must consist 1 of-- 2 (a) at least one member from each large participating 3 jurisdiction; and 4 (b) at least one member from a small participating 5 jurisdiction. 6 (6) At least 2 of the members of a National Board must be 7 persons appointed as community members. 8 (7) At least one of the members of a National Board must live in a 9 regional or rural area. 10 (8) A person cannot be appointed as a member of a National 11 Board if the person is a member of the Agency Management 12 Committee. 13 (9) One of the practitioner members of the National Board is to be 14 appointed as Chairperson of the Board by the Ministerial 15 Council. 16 (10) Schedule 4 sets out provisions relating to a National Board. 17 (11) In this section-- 18 large participating jurisdiction means any of the following 19 States that is a participating jurisdiction-- 20 (a) New South Wales; 21 (b) Queensland; 22 (c) South Australia; 23 (d) Victoria; 24 (e) Western Australia. 25 small participating jurisdiction means any of the following 26 States or Territories that is a participating jurisdiction-- 27 (a) the Australian Capital Territory; 28 (b) the Northern Territory; 29 (c) Tasmania. 30 Page 56

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 34] 34 Eligibility for appointment 1 (1) In deciding whether to appoint a person as a member of a 2 National Board, the Ministerial Council is to have regard to 3 the skills and experience of the person that are relevant to the 4 Board's functions. 5 (2) A person is eligible to be appointed as a practitioner member 6 only if the person is a registered health practitioner in the 7 health profession for which the Board is established. 8 (3) A person is eligible to be appointed as a community member 9 of a National Board only if the person-- 10 (a) is not a registered health practitioner in the health 11 profession for which the Board is established; and 12 (b) has not at any time been registered as a health 13 practitioner in the health profession under this Law or a 14 corresponding prior Act. 15 (4) A person is not eligible to be appointed as a member of a 16 National Board if-- 17 (a) in the case of appointment as a practitioner member, the 18 person has ceased to be registered as a health 19 practitioner in the health profession for which the Board 20 is established, whether before or after the 21 commencement of this Law, as a result of the person's 22 misconduct, impairment or incompetence; or 23 (b) in any case, the person has, at any time, been found 24 guilty of an offence (whether in a participating 25 jurisdiction or elsewhere) that, in the opinion of the 26 Ministerial Council, renders the person unfit to hold the 27 office of member. 28 Division 2 Functions of National Boards 29 35 Functions of National Boards 30 (1) The functions of a National Board established for a health 31 profession are as follows-- 32 Page 57

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 35] (a) to register suitably qualified and competent persons in 1 the health profession and, if necessary, to impose 2 conditions on the registration of persons in the 3 profession; 4 (b) to decide the requirements for registration or 5 endorsement of registration in the health profession, 6 including the arrangements for supervised practice in 7 the profession; 8 (c) to develop or approve standards, codes and guidelines 9 for the health profession, including-- 10 (i) the approval of accreditation standards developed 11 and submitted to it by an accreditation authority; 12 and 13 (ii) the development of registration standards for 14 approval by the Ministerial Council; and 15 (iii) the development and approval of codes and 16 guidelines that provide guidance to health 17 practitioners registered in the profession; 18 (d) to approve accredited programs of study as providing 19 qualifications for registration or endorsement in the 20 health profession; 21 (e) to oversee the assessment of the knowledge and clinical 22 skills of overseas trained applicants for registration in 23 the health profession whose qualifications are not 24 approved qualifications for the profession, and to 25 determine the suitability of the applicants for 26 registration in Australia; 27 (f) to negotiate in good faith with, and attempt to come to 28 an agreement with, the National Agency on the terms of 29 a health profession agreement; 30 (g) to oversee the receipt, assessment and investigation of 31 notifications about persons who-- 32 (i) are or were registered as health practitioners in the 33 health profession under this Law or a 34 corresponding prior Act; or 35 Page 58

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 35] (ii) are students in the health profession; 1 (h) to establish panels to conduct hearings about-- 2 (i) health and performance and professional standards 3 matters in relation to persons who are or were 4 registered in the health profession under this Law 5 or a corresponding prior Act; and 6 (ii) health matters in relation to students registered by 7 the Board; 8 (i) to refer matters about health practitioners who are or 9 were registered under this Law or a corresponding prior 10 Act to responsible tribunals for participating 11 jurisdictions; 12 (j) to oversee the management of health practitioners and 13 students registered in the health profession, including 14 monitoring conditions, undertaking and suspensions 15 imposed on the registration of the practitioners or 16 students; 17 (k) to make recommendations to the Ministerial Council 18 about the operation of specialist recognition in the 19 health profession and the approval of specialties for the 20 profession; 21 (l) in conjunction with the National Agency, to keep 22 up-to-date and publicly accessible national registers of 23 registered health practitioners for the health profession; 24 (m) in conjunction with the National Agency, to keep an 25 up-to-date national register of students for the health 26 profession; 27 (n) at the Board's discretion, to provide financial or other 28 support for health programs for registered health 29 practitioners and students; 30 (o) to give advice to the Ministerial Council on issues 31 relating to the national registration and accreditation 32 scheme for the health profession; 33 (p) if asked by the Ministerial Council, to give to the 34 Ministerial Council the assistance or information 35 Page 59

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 36] reasonably required by the Ministerial Council in 1 connection with the national registration and 2 accreditation scheme; 3 (q) to do anything else necessary or convenient for the 4 effective and efficient operation of the national 5 registration and accreditation scheme; 6 (r) any other function given to the Board by or under this 7 Law. 8 (2) For the purposes of subsection (1)(g)-(j), the Board's 9 functions do not include receiving notifications and taking 10 action referred to in those paragraphs in relation to behaviour 11 by a registered health practitioner or student that occurred, or 12 is reasonably believed to have occurred, in a co-regulatory 13 jurisdiction. 14 36 State and Territory Boards 15 (1) A National Board may establish a committee (a State or 16 Territory Board) for a participating jurisdiction to enable the 17 Board to exercise its functions in the jurisdiction in a way that 18 provides an effective and timely local response to health 19 practitioners and other persons in the jurisdiction. 20 (2) A State or Territory Board is to be known as the "[Name of 21 participating jurisdiction for which it is established] Board" of 22 the National Board. 23 (3) The members of a State or Territory Board are to be appointed 24 by the responsible Minister for the participating jurisdiction. 25 Example. 26 (a) The Pharmacy Board of Australia decides to establish a State or 27 Territory Board for New South Wales. The State or Territory Board will 28 be known as the New South Wales Board of the Pharmacy Board of 29 Australia. The members of the State or Territory Board will be appointed 30 by the responsible Minister for New South Wales. 31 (b) The Podiatry Board of Australia decides to establish a State or 32 Territory Board for Queensland and the Northern Territory. The State or 33 Territory Board will be known as the Queensland and Northern Territory 34 Board of the Podiatry Board of Australia. The members of the State or 35 Page 60

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 37] Territory Board will be appointed jointly by the responsible Ministers for 1 Queensland and the Northern Territory. 2 (4) In deciding whether to appoint a person as a member of a 3 State or Territory Board, the responsible Minister is to have 4 regard to the skills and experience of the person that are 5 relevant to the Board's functions. 6 (5) At least half, but not more than two-thirds, of the members of 7 a State or Territory Board must be persons appointed as 8 practitioner members. 9 (6) At least 2 of the members of a State or Territory Board must 10 be persons appointed as community members. 11 Note. See section 299 which provides that subsections (5) and (6) do not 12 apply to a State or Territory Board for a jurisdiction for the first 12 months 13 after the jurisdiction becomes a participating jurisdiction. 14 (7) Before a responsible Minister appoints a member of a State or 15 Territory Board the vacancy to be filled is to be publicly 16 advertised. 17 (8) The National Agency may assist a responsible Minister in the 18 process of appointing members of a State or Territory Board, 19 including in the advertising of vacancies. 20 (9) It is not necessary to advertise a vacancy in the membership of 21 a State or Territory Board before appointing a person to act in 22 the office of a member. 23 Note. The general interpretation provisions applicable to this Law under 24 section 6 confer power to appoint acting members of a State or Territory 25 Board. 26 (10) This section does not limit clause 11 of Schedule 4. 27 Note. Clause 11 of Schedule 4 confers power for the establishment of 28 other committees. 29 37 Delegation of functions 30 (1) A National Board may delegate any of its functions, other 31 than this power of delegation, to-- 32 (a) a committee; or 33 (b) the National Agency; or 34 Page 61

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 38] (c) a member of the staff of the National Agency; or 1 (d) a person engaged as a contractor by the National 2 Agency. 3 (2) The National Agency may subdelegate any function delegated 4 to the National Agency by a National Board to a member of 5 the staff of the National Agency. 6 Division 3 Registration standards and codes 7 and guidelines 8 38 National board must develop registration standards 9 (1) A National Board must develop and recommend to the 10 Ministerial Council one or more registration standards about 11 the following matters for the health profession for which the 12 Board is established-- 13 (a) requirements for professional indemnity insurance 14 arrangements for registered health practitioners 15 registered in the profession; 16 (b) matters about the criminal history of applicants for 17 registration in the profession, and registered health 18 practitioners and students registered by the Board, 19 including, the matters to be considered in deciding 20 whether an individual's criminal history is relevant to 21 the practice of the profession; 22 (c) requirements for continuing professional development 23 for registered health practitioners registered in the 24 profession; 25 (d) requirements about the English language skills 26 necessary for an applicant for registration in the 27 profession to be suitable for registration in the 28 profession; 29 (e) requirements in relation to the nature, extent, period and 30 recency of any previous practice of the profession by 31 applicants for registration in the profession. 32 Page 62

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 39] (2) Subject to subsection (3), a National Board may also develop, 1 and recommend to the Ministerial Council, one or more 2 registration 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 7 the profession; 8 (c) any other issue relevant to the eligibility of individuals 9 for registration in the profession or the suitability of 10 individuals to competently and safely practise the 11 profession. 12 (3) A registration standard may not be about a matter for which 13 an accreditation standard may provide. 14 Note. An accreditation standard for a health profession is used to assess 15 whether a program of study, and the education provider that provides the 16 program of study, provide persons who complete the program with the 17 knowledge, skills and professional attributes to practise the profession. 18 Accreditation standards are developed and approved under Division 3 of 19 Part 6. 20 39 Codes and guidelines 21 A National Board may develop and approve codes and 22 guidelines-- 23 (a) to provide guidance to the health practitioners it 24 registers; and 25 (b) about other matters relevant to the exercise of its 26 functions. 27 Example. A National Board may develop guidelines about the advertising 28 of regulated health services by health practitioners registered by the Board 29 or other persons for the purposes of section 133. 30 Page 63

Health Practitioner Regulation National Law Bill 2009 Part 5 National Boards [s 40] 40 Consultation about registration standards, codes and 1 guidelines 2 (1) If a National Board develops a registration standard or a code 3 or guideline, it must ensure there is wide-ranging consultation 4 about its content. 5 (2) A contravention of subsection (1) does not invalidate a 6 registration standard, code or guideline. 7 (3) The following must be published on a National Board's 8 website-- 9 (a) a registration standard developed by the Board and 10 approved by the Ministerial Council; 11 (b) a code or guideline approved by the National Board. 12 (4) An approved registration standard or a code or guideline takes 13 effect-- 14 (a) on the day it is published on the National Board's 15 website; or 16 (b) if a later day is stated in the registration standard, code 17 or guideline, on that day. 18 41 Use of registration standards, codes or guidelines in 19 disciplinary proceedings 20 An approved registration standard for a health profession, or a 21 code or guideline approved by a National Board, is admissible 22 in proceedings under this Law or a law of a co-regulatory 23 jurisdiction against a health practitioner registered by the 24 Board as evidence of what constitutes appropriate 25 professional conduct or practice for the health profession. 26 Page 64

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 42] Part 6 Accreditation 1 Division 1 Preliminary 2 42 Definition 3 In this Part-- 4 accreditation function means-- 5 (a) developing accreditation standards for approval by a 6 National Board; or 7 (b) assessing programs of study, and the education 8 providers that provide the programs of study, to 9 determine whether the programs meet approved 10 accreditation standards; or 11 (c) assessing authorities in other countries who conduct 12 examinations for registration in a health profession, or 13 accredit programs of study relevant to registration in a 14 health profession, to decide whether persons who 15 successfully complete the examinations or programs of 16 study conducted or accredited by the authorities have 17 the knowledge, clinical skills and professional attributes 18 necessary to practise the profession in Australia; or 19 (d) overseeing the assessment of the knowledge, clinical 20 skills and professional attributes of overseas qualified 21 health practitioners who are seeking registration in a 22 health profession under this Law and whose 23 qualifications are not approved qualifications for the 24 health profession; or 25 (e) making recommendations and giving advice to a 26 National Board about a matter referred to in paragraph 27 (a), (b), (c) or (d). 28 Page 65

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 43] Division 2 Accreditation authorities 1 43 Accreditation authority to be decided 2 (1) The National Board established for a health profession must 3 decide whether an accreditation function for the health 4 profession for which the Board is established is to be 5 exercised by-- 6 (a) an external accreditation entity; or 7 (b) a committee established by the Board. 8 Note. See sections 253 and 301 which provide for the performance of 9 accreditation functions for a health profession by external accreditation 10 authorities appointed by the Ministerial Council for a period after the 11 commencement of this Law. 12 (2) The National Agency may charge an entity the relevant fee for 13 the exercise of an accreditation function by an accreditation 14 committee. 15 44 National Agency may enter into contracts with external 16 accreditation entities 17 The National Agency may enter into a contract with an 18 external accreditation entity for the performance by the entity 19 of an accreditation function for a health profession only if the 20 terms of the contract are in accordance with the health 21 profession agreement between the National Agency and the 22 National Board established for that profession. 23 45 Accreditation processes to be published 24 Each accreditation authority must publish on its website or, if 25 the authority is an accreditation committee, the website of the 26 National Board that established the committee, how it will 27 exercise its accreditation function. 28 Page 66

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 46] Division 3 Accreditation functions 1 46 Development of accreditation standards 2 (1) An accreditation standard for a health profession may be 3 developed by-- 4 (a) an external accreditation entity for the health profession; 5 or 6 (b) an accreditation committee established by the National 7 Board established for the health profession. 8 (2) In developing an accreditation standard for a health 9 profession, an accreditation authority must undertake 10 wide-ranging consultation about the content of the standard. 11 47 Approval of accreditation standards 12 (1) An accreditation authority must, as soon as practicable after 13 developing an accreditation standard for a health profession, 14 submit it to the National Board established for the health 15 profession. 16 (2) As soon as practicable after a National Board receives an 17 accreditation standard under subsection (1), the Board must 18 decide to-- 19 (a) approve the accreditation standard; or 20 (b) refuse to approve the accreditation standard; or 21 (c) ask the accreditation authority to review the standard. 22 (3) If the National Board decides to approve the accreditation 23 standard it must give written notice of the approval to-- 24 (a) the National Agency; and 25 (b) the accreditation authority that submitted the standard to 26 the Board. 27 (4) If the National Board decides to refuse to approve the 28 accreditation standard-- 29 Page 67

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 48] (a) it must give written notice of the refusal, including the 1 reasons for the refusal, to the accreditation authority that 2 submitted the standard; and 3 (b) the accreditation authority is entitled to publish any 4 information or advice it gave the Board about the 5 standard. 6 (5) If the National Board decides to ask the accreditation 7 authority to review the standard it must give the authority a 8 written notice that-- 9 (a) states that the authority is being asked to review the 10 standard; and 11 (b) identifies the matters the authority is to address before 12 again submitting the standard to the Board. 13 (6) An accreditation standard approved by a National Board must 14 be published on its website. 15 (7) An accreditation standard takes effect-- 16 (a) on the day it is published on the National Board's 17 website; or 18 (b) if a later day is stated in the standard, on that day. 19 48 Accreditation of programs of study 20 (1) An accreditation authority for a health profession may 21 accredit a program of study if, after assessing the program, the 22 authority is reasonably satisfied-- 23 (a) the program of study, and the education provider that 24 provides the program of study, meet an approved 25 accreditation standard for the profession; or 26 (b) the program of study, and the education provider that 27 provides the program of study, substantially meet an 28 approved accreditation standard for the profession and 29 the imposition of conditions on the approval will ensure 30 the program meets the standard within a reasonable 31 time. 32 Page 68

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 49] (2) If the accreditation authority decides to accredit a program of 1 study, with or without conditions, it must give to the National 2 Board established for the health profession a report about the 3 authority's accreditation of the program. 4 (3) If the accreditation authority decides to refuse to accredit a 5 program of study it must give written notice of the decision to 6 the education provider that provides the program of study. 7 (4) The notice must state-- 8 (a) the reasons for the decision; and 9 (b) that, within 30 days after receiving the notice, the 10 education provider may apply to the accreditation 11 authority for an internal review of the decision; and 12 (c) how the education provider may apply for the review. 13 (5) An education provider given a notice under subsection (3) 14 may apply, as stated in the notice, for an internal review of the 15 accreditation authority's decision to refuse to accredit the 16 program of study. 17 (6) The internal review must not be carried out by a person who 18 assessed the program of study for the accreditation authority. 19 49 Approval of accredited programs of study 20 (1) If a National Board is given a report by an accreditation 21 authority about the authority's accreditation of a program of 22 study, the Board may approve, or refuse to approve, the 23 accredited program of study as providing a qualification for 24 the purposes of registration in the health profession for which 25 the Board is established. 26 (2) An approval under subsection (1) may be granted subject to 27 the conditions the National Board considers necessary or 28 desirable in the circumstances. 29 (3) If the National Board decides to approve the accredited 30 program of study it must give written notice of the approval 31 to-- 32 Page 69

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 50] (a) the National Agency for inclusion of the program of 1 study in the list under subsection (5); and 2 (b) the accreditation authority that submitted the program to 3 the Board. 4 (4) If the National Board decides to refuse to approve the 5 accredited program of study-- 6 (a) it must give written notice of the refusal, including the 7 reasons for the refusal, to the accreditation authority that 8 submitted the program; and 9 (b) the accreditation authority is entitled to publish any 10 information or advice it gave the Board about the 11 program. 12 (5) A list of the programs of study approved by a National Board 13 as providing a qualification for registration in the health 14 profession for which the Board is established must be 15 published on the National Agency's website. 16 (6) The list of approved programs of study published under 17 subsection (5) must include, for each program of study, the 18 name of the university, specialist medical or other college or 19 other education provider that provides the approved program 20 of study. 21 (7) An approval under subsection (1) does not take effect until the 22 program of study is included in the list published under 23 subsection (5). 24 50 Accreditation authority to monitor approved programs of 25 study 26 (1) The accreditation authority that accredited an approved 27 program of study must monitor the program and the education 28 provider that provides the program to ensure the authority 29 continues to be satisfied the program and provider meet an 30 approved accreditation standard for the health profession. 31 (2) If the accreditation authority reasonably believes the program 32 of study and education provider no longer meet an approved 33 Page 70

Health Practitioner Regulation National Law Bill 2009 Part 6 Accreditation [s 51] accreditation standard for the health profession, the 1 accreditation authority must-- 2 (a) decide to-- 3 (i) impose the conditions on the accreditation that the 4 accreditation authority considers necessary to 5 ensure the program of study will meet the standard 6 within a reasonable time; or 7 (ii) revoke the accreditation of the program of study; 8 and 9 (b) give the National Board that approved the accredited 10 program of study written notice of the accreditation 11 authority's decision. 12 51 Changes to approval of program of study 13 (1) If a National Board is given notice under section 50(2)(b) that 14 an accreditation authority has revoked the accreditation of a 15 program of study approved by the Board, the Board's approval 16 of the program is taken to have been cancelled at the same 17 time the accreditation was revoked. 18 (2) If a National Board reasonably believes, because of a notice 19 given to the Board under section 50(2)(b) or for any other 20 reason, that an accredited program of study approved by the 21 Board no longer provides a qualification for the purposes of 22 registration in the health profession for which the Board is 23 established, the Board may decide to-- 24 (a) impose the conditions the Board considers necessary or 25 desirable on the approval of the accredited program of 26 study to ensure the program provides a qualification for 27 the purposes of registration; or 28 (b) cancel its approval of the accredited program of study. 29 (3) If a National Board makes a decision under subsection (2), it 30 must give written notice of the decision, including the reasons 31 for the decision, to the accreditation authority that accredited 32 the program. 33 Page 71

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 52] Part 7 Registration of health 1 practitioners 2 Division 1 General registration 3 52 Eligibility for general registration 4 (1) An individual is eligible for general registration in a health 5 profession if-- 6 (a) the individual is qualified for general registration in the 7 health profession; and 8 (b) the individual has successfully completed-- 9 (i) any period of supervised practice in the health 10 profession required by an approved registration 11 standard for the health profession; or 12 (ii) any examination or assessment required by an 13 approved registration standard for the health 14 profession to assess the individual's ability to 15 competently and safely practise the profession; and 16 (c) the individual is a suitable person to hold general 17 registration in the health profession; and 18 (d) the individual is not disqualified under this Law or a law 19 of a co-regulatory jurisdiction from applying for 20 registration, or being registered, in the health profession; 21 and 22 (e) the individual meets any other requirements for 23 registration stated in an approved registration standard 24 for the health profession. 25 (2) Without limiting subsection (1), the National Board 26 established for the health profession may decide the 27 individual is eligible for general registration in the profession 28 by imposing conditions on the registration under section 83. 29 Page 72

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 53] 53 Qualifications for general registration 1 An individual is qualified for general registration in a health 2 profession if-- 3 (a) the individual holds an approved qualification for the 4 health profession; or 5 (b) the individual holds a qualification the National Board 6 established for the health profession considers to be 7 substantially equivalent, or based on similar 8 competencies, to an approved qualification; or 9 (c) the individual holds a qualification, not referred to in 10 paragraph (a) or (b), relevant to the health profession 11 and has successfully completed an examination or other 12 assessment required by the National Board for the 13 purpose of general registration in the health profession; 14 or 15 (d) the individual-- 16 (i) holds a qualification, not referred to in paragraph 17 (a) or (b), that under this Law or a corresponding 18 prior Act qualified the individual for general 19 registration (however described) in the health 20 profession; and 21 (ii) was previously registered under this Law or the 22 corresponding prior Act on the basis of holding 23 that qualification. 24 54 Examination or assessment for general registration 25 For the purposes of section 52(1)(b)(ii), if a National Board 26 requires an individual to undertake an examination or 27 assessment, the examination or assessment must be conducted 28 by an accreditation authority for the health profession, unless 29 the Board decides otherwise. 30 Page 73

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 55] 55 Unsuitability to hold general registration 1 (1) A National Board may decide an individual is not a suitable 2 person to hold general registration in a health profession if-- 3 (a) in the Board's opinion, the individual has an impairment 4 that would detrimentally affect the individual's capacity 5 to practise the profession to such an extent that it would 6 or may place the safety of the public at risk; or 7 (b) having regard to the individual's criminal history to the 8 extent that is relevant to the individual's practice of the 9 profession, the individual is not, in the Board's opinion, 10 an appropriate person to practise the profession or it is 11 not in the public interest for the individual to practise the 12 profession; or 13 (c) the individual has previously been registered under a 14 relevant law and during the period of that registration 15 proceedings under Part 8, or proceedings that 16 substantially correspond to proceedings under Part 8, 17 were started against the individual but not finalised; or 18 (d) in the Board's opinion, the individual's competency in 19 speaking or otherwise communicating in English is not 20 sufficient for the individual to practise the profession; or 21 (e) the individual's registration (however described) in the 22 health profession in a jurisdiction that is not a 23 participating jurisdiction, whether in Australia or 24 elsewhere, is currently suspended or cancelled on a 25 ground for which an adjudication body could suspend or 26 cancel a health practitioner's registration in Australia; or 27 (f) the nature, extent, period and recency of any previous 28 practice of the profession is not sufficient to meet the 29 requirements specified in an approved registration 30 standard relevant to general registration in the 31 profession; or 32 (g) the individual fails to meet any other requirement in an 33 approved registration standard for the profession about 34 the suitability of individuals to be registered in the 35 Page 74

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 56] profession or to competently and safely practise the 1 profession; or 2 (h) in the Board's opinion, the individual is for any other 3 reason-- 4 (i) not a fit and proper person for general registration 5 in the profession; or 6 (ii) unable to practise the profession competently and 7 safely. 8 (2) In this section-- 9 relevant law means-- 10 (a) this Law or a corresponding prior Act; or 11 (b) the law of another jurisdiction, whether in Australia or 12 elsewhere. 13 56 Period of general registration 14 (1) The period of registration that is to apply to a health 15 practitioner granted general registration in a health profession 16 is the period (the registration period), not more than 12 17 months, decided by the National Board established for the 18 profession and published on the Board's website. 19 (2) If the National Board decides to register a health practitioner 20 in the health profession during a registration period, the 21 registration-- 22 (a) starts when the Board makes the decision; and 23 (b) expires at the end of the last day of the registration 24 period. 25 Division 2 Specialist registration 26 57 Eligibility for specialist registration 27 (1) An individual is eligible for specialist registration in a 28 recognised specialty in a health profession if-- 29 Page 75

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 58] (a) the individual is qualified for registration in the 1 specialty; and 2 (b) the individual has successfully completed-- 3 (i) any period of supervised practice in the specialty 4 required by an approved registration standard for 5 the health profession; or 6 (ii) any examination or assessment required by an 7 approved registration standard for the health 8 profession to assess the individual's ability to 9 competently and safely practise the specialty; and 10 (c) the individual is a suitable person to hold registration in 11 the health profession; and 12 (d) the individual is not disqualified under this Law or a law 13 of a co-regulatory jurisdiction from applying for 14 registration, or being registered, in the specialty; and 15 (e) the individual meets any other requirements for 16 registration stated in an approved registration standard 17 for the specialty. 18 (2) Without limiting subsection (1), the National Board may 19 decide the individual is eligible for registration in the 20 recognised specialty by imposing conditions on the 21 registration under section 83. 22 58 Qualifications for specialist registration 23 An individual is qualified for specialist registration in a 24 recognised specialty in a health profession if the individual-- 25 (a) holds an approved qualification for the specialty; or 26 (b) holds another qualification the National Board 27 established for the health profession considers to be 28 substantially equivalent, or based on similar 29 competencies, to an approved qualification for the 30 specialty; or 31 (c) holds a qualification, not referred to in paragraph (a) or 32 (b), relevant to the specialty and has successfully 33 Page 76

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 59] completed an examination or other assessment required 1 by the National Board for the purpose of registration in 2 the specialty; or 3 (d) the individual-- 4 (i) holds a qualification, not referred to in paragraph 5 (a) or (b), that under this Law or a corresponding 6 prior Act qualified the individual for specialist 7 registration (however described) in the specialty; 8 and 9 (ii) was previously registered under this Law or the 10 corresponding prior Act on the basis of holding 11 that qualification for the specialty. 12 59 Examination or assessment for specialist registration 13 For the purposes of section 57(1)(b)(ii), if the National Board 14 requires an individual to undertake an examination or 15 assessment, the examination or assessment must be conducted 16 by an accreditation authority for the health profession, unless 17 the Board decides otherwise. 18 60 Unsuitability to hold specialist registration 19 (1) Section 55 applies to the making of a decision by a National 20 Board that an individual is not a suitable person to hold 21 specialist registration in a recognised specialty. 22 (2) For the purposes of subsection (1), a reference in section 55 23 to-- 24 (a) general registration in the health profession is taken to 25 be a reference to specialist registration in a recognised 26 specialty; and 27 (b) the health profession is taken to be a reference to the 28 recognised specialty. 29 Page 77

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 61] 61 Period of specialist registration 1 (1) The period of registration that is to apply to a health 2 practitioner granted specialist registration in a recognised 3 specialty in a health profession is the period (the registration 4 period), not more than 12 months, decided by the National 5 Board established for the profession and published on the 6 Board's website. 7 (2) If the National Board decides to register a health practitioner 8 in a recognised specialty for the health profession during a 9 registration period, the specialist registration-- 10 (a) starts when the Board makes the decision; and 11 (b) expires at the end of the last day of the registration 12 period. 13 Division 3 Provisional registration 14 62 Eligibility for provisional registration 15 (1) An individual is eligible for provisional registration in a health 16 profession, to enable the individual to complete a period of 17 supervised practice that the individual requires to be eligible 18 for general registration in the health profession, if-- 19 (a) the individual is qualified for general registration in the 20 profession; and 21 (b) the individual is a suitable person to hold provisional 22 registration in the profession; and 23 (c) the individual is not disqualified under this Law or a law 24 of a co-regulatory jurisdiction from applying for, or 25 being registered in, the profession; and 26 (d) the individual meets any other requirements for 27 registration stated in an approved registration standard 28 for the health profession. 29 (2) Without limiting subsection (1), the National Board 30 established for the health profession may decide the 31 Page 78

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 63] individual is eligible for provisional registration in the health 1 profession by imposing conditions on the registration under 2 section 83. 3 63 Unsuitability to hold provisional registration 4 (1) Section 55 applies to a decision by a National Board that an 5 individual is not a suitable person to hold provisional 6 registration in a health profession. 7 (2) For the purposes of subsection (1), a reference in section 55 to 8 general registration in the health profession is taken to be a 9 reference to provisional registration in the health profession. 10 64 Period of provisional registration 11 (1) The period of registration (the registration period) that is to 12 apply to a health practitioner granted provisional registration 13 in a health profession is-- 14 (a) the period decided by the National Board established for 15 the profession, but not more than 12 months, and 16 published on the Board's website; or 17 (b) the longer period prescribed by a regulation. 18 (2) If the National Board decides to register a health practitioner 19 in the health profession during a registration period, the 20 registration-- 21 (a) starts when the Board makes the decision; and 22 (b) expires at the end of the last day of the registration 23 period. 24 (3) Provisional registration may not be renewed more than twice. 25 Note. If an individual were not able to complete the supervised practice 26 the individual requires for general registration in a health profession 27 during the period consisting of the individual's initial period of registration 28 and 2 renewals of that registration, the individual would need to make a 29 new application for provisional registration in the profession. 30 Page 79

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 65] Division 4 Limited registration 1 65 Eligibility for limited registration 2 (1) An individual is eligible for limited registration in a health 3 profession if-- 4 (a) the individual is not qualified for general registration in 5 the profession or specialist registration in a recognised 6 speciality in the profession; and 7 (b) the individual is qualified under this Division for limited 8 registration; and 9 (c) the individual is a suitable person to hold limited 10 registration in the profession; and 11 (d) the individual is not disqualified under this Law or a law 12 of a co-regulatory jurisdiction from applying for 13 registration, or being registered, in the health profession; 14 and 15 (e) the individual meets any other requirements for 16 registration stated in an approved registration standard 17 for the health profession. 18 (2) Without limiting subsection (1), the National Board 19 established for the health profession may decide the 20 individual is eligible for registration in the profession by 21 imposing conditions on the registration under section 83. 22 66 Limited registration for postgraduate training or 23 supervised practice 24 (1) An individual may apply for limited registration to enable the 25 individual to undertake a period of postgraduate training or 26 supervised practice in a health profession, or to undertake 27 assessment or sit an examination, approved by the National 28 Board established for the profession. 29 (2) The individual is qualified for the limited registration applied 30 for if the National Board is satisfied the individual has 31 completed a qualification that is relevant to, and suitable for, 32 Page 80

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 67] the postgraduate training, supervised practice, assessment or 1 examination. 2 67 Limited registration for area of need 3 (1) An individual may apply for limited registration to enable the 4 individual to practise a health profession in an area of need 5 decided by the responsible Minister under subsection (5). 6 (2) The individual is qualified for the limited registration applied 7 for if the National Board is satisfied the individual's 8 qualifications and experience are relevant to, and suitable for, 9 the practice of the profession in the area of need. 10 (3) The National Board must consider the application but is not 11 required to register the individual merely because there is an 12 area of need. 13 (4) If the National Board grants the individual limited registration 14 to enable the individual to practise the profession in the area 15 of need, the individual must not practise the profession other 16 than in the area of need specified in the individual's certificate 17 of registration. 18 (5) A responsible Minister for a participating jurisdiction may 19 decide there is an area of need for health services in the 20 jurisdiction, or part of the jurisdiction, if the Minister 21 considers there are insufficient health practitioners practising 22 in a particular health profession in the jurisdiction or the part 23 of the jurisdiction to provide services that meet the needs of 24 people living in the jurisdiction or the part of the jurisdiction. 25 (6) If a responsible Minister decides there is an area of need under 26 subsection (5), the responsible Minister must give the 27 National Board established for the health profession written 28 notice of the decision. 29 (7) A responsible Minister may delegate the Minister's power 30 under this section to an appropriately qualified person. 31 (8) In this section-- 32 Page 81

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 68] appropriately qualified means having the qualifications, 1 experience or standing appropriate to the exercise of the 2 power. 3 health services means the provision of services by health 4 practitioners in a particular health profession. 5 68 Limited registration in public interest 6 (1) An individual may apply for limited registration to enable the 7 individual to practise a health profession for a limited time, or 8 for a limited scope, in the public interest. 9 (2) The individual is qualified for the limited registration applied 10 for if the National Board established for the health profession 11 is satisfied it is in the public interest for an individual with the 12 individual's qualifications and experience to practise the 13 profession for that time or scope. 14 69 Limited registration for teaching or research 15 (1) An individual may apply for limited registration in a health 16 profession to enable the individual to fill a teaching or 17 research position. 18 (2) The individual is qualified for the limited registration applied 19 for if the National Board established for the health profession 20 is satisfied the individual's qualifications are relevant to, and 21 suitable for, the position. 22 70 Unsuitability to hold limited registration 23 (1) Section 55 applies to a decision by a National Board that an 24 individual is not a suitable person to hold limited registration 25 in a health profession. 26 (2) For the purposes of subsection (1), a reference in section 55 to 27 general registration in the health profession is taken to be a 28 reference to limited registration in the health profession. 29 Page 82

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 71] 71 Limited registration not to be held for more than one 1 purpose 2 An individual may not hold limited registration in the same 3 health profession for more than one purpose under this 4 Division at the same time. 5 72 Period of limited registration 6 (1) The period of registration that is to apply to a health 7 practitioner granted limited registration in a health profession 8 is the period (the registration period), not more than 12 9 months, decided by the National Board established for the 10 profession and published on the Board's website. 11 (2) If the National Board decides to register a health practitioner 12 in the health profession during a registration period, the 13 registration-- 14 (a) starts when the Board makes the decision; and 15 (b) expires at the end of the last day of the registration 16 period. 17 (3) Limited registration may not be renewed more than 3 times. 18 Note. If an individual had been granted limited registration in a health 19 profession for a purpose under this Division, had subsequently renewed 20 the registration in the profession for that purpose 3 times and at the end of 21 the period wished to continue holding limited registration in the profession 22 for that purpose, the individual would need to make a new application for 23 limited registration in the profession for that purpose. 24 Division 5 Non-practising registration 25 73 Eligibility for non-practising registration 26 An individual is eligible for non-practising registration in a 27 health profession if-- 28 (a) the individual-- 29 (i) holds or has held general registration in the health 30 profession under this Law; or 31 Page 83

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 74] (ii) holds or has held specialist registration in a 1 recognised speciality in the health profession under 2 this Law; or 3 (iii) held registration in the health profession under a 4 corresponding prior Act that was equivalent to 5 general registration or specialist registration in the 6 health profession under this Law; 7 (b) the individual is a suitable person to hold non-practising 8 registration in the profession. 9 74 Unsuitability to hold non-practising registration 10 A National Board may decide an individual is not a suitable 11 person to hold non-practising registration in a health 12 profession if-- 13 (a) having regard to the individual's criminal history to the 14 extent that is relevant to the individual's practise of the 15 profession, the individual is not, in the Board's opinion, 16 an appropriate person to hold registration in the 17 profession or it is not in the public interest for the 18 individual to hold registration in the profession; or 19 (b) in the Board's opinion, the individual is for any other 20 reason not a fit and proper person to hold non-practising 21 registration in the profession. 22 75 Registered health practitioner who holds non-practising 23 registration must not practise the profession 24 (1) A registered health practitioner who holds non-practising 25 registration in a health profession must not practise the 26 profession. 27 (2) A contravention of subsection (1) by a registered health 28 practitioner does not constitute an offence but may constitute 29 behaviour for which health, conduct or performance action 30 may be taken. 31 Page 84

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 76] 76 Period of non-practising registration 1 (1) The period of registration that is to apply to a health 2 practitioner granted non-practising registration in a health 3 profession is the period (the registration period), not more 4 than 12 months, decided by the National Board established for 5 the profession and published on the Board's website. 6 (2) If the National Board decides to register a health practitioner 7 in the health profession during a registration period, the 8 registration-- 9 (a) starts when the Board makes the decision; and 10 (b) expires at the end of the last day of the registration 11 period. 12 Division 6 Application for registration 13 77 Application for registration 14 (1) An individual may apply to a National Board for registration 15 in the health profession for which the Board is established. 16 (2) An application must-- 17 (a) be in the form approved by the National Board; and 18 (b) be accompanied by the relevant fee; and 19 (c) be accompanied by proof of the applicant's identity; and 20 (d) be accompanied by any other information reasonably 21 required by the Board. 22 (3) Without limiting subsection (2)(a), a form approved by a 23 National Board for the purposes of that subsection must 24 require an applicant-- 25 (a) to provide a declaration about-- 26 (i) the address at which the applicant will 27 predominantly practise the profession; or 28 (ii) if the applicant will not be practising the profession 29 or will not predominantly practise the profession at 30 Page 85

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 78] one address, the address that is the applicant's 1 principal place of residence; and 2 (b) to provide an address to be used by the Board in 3 corresponding with the applicant; and 4 (c) to disclose the applicant's criminal history; and 5 (d) to authorise the Board to obtain the applicant's criminal 6 history. 7 Note. See the definition of criminal history which applies to 8 offences in participating jurisdictions and elsewhere, including 9 outside Australia. 10 (4) A criminal history law does not apply to the requirement 11 under subsection (3)(c) for the applicant to disclose the 12 applicant's criminal history. 13 (5) Information in the application must, if the approved form 14 requires, be verified by a statutory declaration. 15 78 Power to check applicant's proof of identity 16 (1) If an applicant for registration gives a National Board a 17 document as evidence of the applicant's identity under this 18 section, the Board may, by written notice, ask the entity that 19 issued the document-- 20 (a) to confirm the validity of the document; or 21 (b) to give the Board other information relevant to the 22 applicant's identity. 23 (2) An entity given a notice under subsection (1) is authorised to 24 give the National Board the information requested in the 25 notice. 26 79 Power to check applicant's criminal history 27 (1) Before deciding an application for registration, a National 28 Board must check the applicant's criminal history. 29 Page 86

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 80] (2) For the purposes of checking an applicant's criminal history, a 1 National Board may obtain a written report about the criminal 2 history of the applicant from any of the following-- 3 (a) CrimTrac; 4 (b) a police commissioner; 5 (c) an entity in a jurisdiction outside Australia that has 6 access to records about the criminal history of persons 7 in that jurisdiction. 8 (3) A criminal history law does not apply to a report about an 9 applicant's criminal history under subsection (2). 10 80 Boards' other powers before deciding application for 11 registration 12 (1) Before deciding an application for registration, a National 13 Board may-- 14 (a) investigate the applicant, including, for example, by 15 asking an entity-- 16 (i) to give the Board information about the applicant; 17 or 18 (ii) to verify information or a document that relates to 19 the applicant; 20 Examples. If the applicant is or has been registered by 21 another registration authority, the National Board may ask 22 the registration authority for information about the 23 applicant's registration status. 24 The National Board may ask an entity that issued 25 qualifications that the applicant believes qualifies the 26 applicant for registration for confirmation that the 27 qualification was issued to the applicant. 28 (b) by written notice given to the applicant, require the 29 applicant to give the Board, within a reasonable time 30 stated in the notice, further information or a document 31 the Board reasonably requires to decide the application; 32 and 33 Page 87

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 80] (c) by written notice given to the applicant, require the 1 applicant to attend before the Board, within a reasonable 2 time stated in the notice and at a reasonable place, to 3 answer any questions of the Board relating to the 4 application; and 5 (d) by written notice given to the applicant, require the 6 applicant to undergo an examination or assessment, 7 within a reasonable time stated in the notice and at a 8 reasonable place, to assess the applicant's ability to 9 practise the health profession in which registration is 10 sought; and 11 (e) by written notice given to the applicant, require the 12 applicant to undergo a health assessment, within a 13 reasonable time stated in the notice and at a reasonable 14 place. 15 (2) The National Board may require the information or document 16 referred to in subsection (1)(b) to be verified by a statutory 17 declaration. 18 (3) If the National Board requires an applicant to undertake an 19 examination or assessment under subsection (1)(d) to assess 20 the applicant's ability to practise the health profession-- 21 (a) the examination or assessment must be conducted by an 22 accreditation authority for the health profession, unless 23 the Board decides otherwise; and 24 (b) the National Agency may require the applicant to pay 25 the relevant fee. 26 (4) A notice under subsection (1)(d) or (e) must state-- 27 (a) the reason for the examination or assessment; and 28 (b) the name and qualifications of the person appointed by 29 the National Board to conduct the examination or 30 assessment; and 31 (c) the place where, and the day and time at which, the 32 examination or assessment is to be conducted. 33 Page 88

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 81] (5) The applicant is taken to have withdrawn the application if, 1 within the stated time, the applicant does not comply with a 2 requirement under subsection (1). 3 81 Applicant may make submissions about proposed 4 refusal of application or imposition of condition 5 (1) If, after considering an application for registration, a National 6 Board is proposing to refuse to register the applicant or to 7 register the applicant subject to a condition, the Board must 8 give the applicant written notice 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 12 submission to the Board by the date stated in the notice, 13 being not less than 30 days after the day the notice is 14 given to the applicant, about the proposal. 15 82 Decision about application 16 (1) After considering an application for registration and any 17 submissions made in accordance with a notice under section 18 81, a National Board established for a health profession 19 must-- 20 (a) decide to grant the applicant the type of registration in 21 the health profession applied for if the applicant is 22 eligible for that type of registration under a relevant 23 section; or 24 (b) decide to grant the applicant a type of registration in the 25 health profession, other than the type of registration 26 applied for, for which the applicant is eligible under a 27 relevant section; or 28 (c) decide to refuse to grant the applicant registration in the 29 health profession if-- 30 Page 89

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 83] (i) the applicant is ineligible for registration in the 1 profession under a relevant section because the 2 applicant-- 3 (A) is not qualified for registration; or 4 (B) has not completed a period of supervised 5 practice in the health profession, or an 6 examination or assessment required by the 7 Board to assess the individual's ability to 8 practise the profession; or 9 (C) is not a suitable person to hold registration; 10 or 11 (D) is disqualified under this Law from applying 12 for registration, or being registered, in the 13 health profession; or 14 (E) does not meet a requirement for registration 15 stated in an approved registration standard 16 for the profession; or 17 (ii) it would be improper to register the applicant 18 because the applicant or someone else gave the 19 National Board information or a document in 20 relation to the application that was false or 21 misleading in a material particular. 22 (2) In this section-- 23 relevant section means section 52, 57, 62, 65 or 73. 24 83 Conditions of registration 25 (1) If a National Board decides to register a person in the health 26 profession for which the Board is established, the registration 27 is subject to any condition the Board considers necessary or 28 desirable in the circumstances. 29 Note. A failure by a registered health practitioner to comply with a 30 condition of the practitioner's registration does not constitute an offence 31 but may constitute behaviour for which health, conduct or performance 32 action may be taken. 33 Page 90

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 84] (2) If the National Board decides to register the person subject to 1 a condition referred to in subsection (1), the Board must 2 decide a review period for the condition. 3 84 Notice to be given to applicant 4 (1) Within 30 days after making the decision under section 82, the 5 National Board must-- 6 (a) give the applicant written notice of the Board's decision; 7 and 8 (b) if the Board decides to register the applicant, give the 9 applicant a certificate of registration. 10 (2) If the Board decides not to register the applicant, or decides to 11 register the applicant in a type of registration other than the 12 registration applied for or subject to a condition, the notice 13 under subsection (1)(a) must state-- 14 (a) the reasons for the decision; and 15 (b) that the applicant may appeal against the decision; and 16 (c) how an application for appeal may be made and the 17 period within which the application must be made. 18 85 Failure to decide application 19 If a National Board fails to decide an application for 20 registration within 90 days after its receipt, or the longer 21 period agreed between the Board and the applicant, the failure 22 by the Board to make a decision is taken to be a decision to 23 refuse to register the applicant. 24 Page 91

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 86] Division 7 Student registration 1 Subdivision 1 Persons undertaking approved 2 programs of study 3 86 Definitions 4 In this Subdivision-- 5 approved program of study, for a health profession, does not 6 include an approved program of study that provides a 7 qualification for endorsement of registration in the profession 8 but does not qualify a person for registration in the profession. 9 particulars means particulars required to be included in the 10 student register. 11 87 National Board must register persons undertaking 12 approved program of study 13 (1) The National Board established for a health profession must 14 decide whether persons who are undertaking an approved 15 program of study for the health profession must be 16 registered-- 17 (a) for the entire period during which the persons are 18 enrolled in the approved program of study; or 19 (b) for the period starting when the persons begin a 20 particular part of the approved program of study and 21 ending when the persons complete, or otherwise cease 22 to be enrolled in, the program. 23 (2) In deciding whether to register persons undertaking an 24 approved program of study for the entire period of the 25 program of study or only part of the period, the National 26 Board must have regard to-- 27 (a) the likelihood that persons undertaking the approved 28 program of study will, in the course of undertaking the 29 program, have contact with members of the public; and 30 Page 92

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 88] (b) if it is likely that the persons undertaking the approved 1 program of study will have contact with members of the 2 public-- 3 (i) when in the approved program of study it is likely 4 the persons will have contact with members of the 5 public; and 6 (ii) the potential risk that contact may pose to members 7 of the public. 8 88 National Board may ask education provider for list of 9 persons undertaking approved program of study 10 (1) For the purposes of registering persons as required by section 11 87, a National Board may, at any time by written notice given 12 to an education provider, ask the provider for the following-- 13 (a) the particulars of all persons who are undertaking an 14 approved program of study for the health profession for 15 which the Board is established; 16 (b) the particulars of all persons who will be undertaking 17 the part of the approved program of study specified in 18 the notice. 19 (2) An education provider given a notice under subsection (1) 20 must not fail, without reasonable excuse, to comply with the 21 notice. 22 (3) A contravention of subsection (2) does not constitute an 23 offence. 24 (4) However, if an education provider does not comply with a 25 notice under subsection (1)-- 26 (a) the National Board that gave the education provider the 27 notice must publish details of the failure to comply with 28 the notice on the Board's website; and 29 (b) the National Agency may, on the recommendation of the 30 National Board, include a statement about the failure to 31 comply with the notice in the Agency's annual report. 32 Page 93

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 89] 89 Registration of students 1 (1) On receipt of the particulars of persons undertaking an 2 approved program of study, or part of an approved program of 3 study, under section 88-- 4 (a) the National Board may register the persons as students 5 in the health profession by entering the persons' 6 particulars in the student register kept by the Board; or 7 (b) the National Board may-- 8 (i) by written notice given to each person, require the 9 person to complete an application for registration 10 as a student in the form approved by the National 11 Board; and 12 (ii) on receipt of the person's application form, register 13 the person as a student in the health profession by 14 entering the person's particulars in the student 15 register kept by the Board. 16 (2) The National Board must not register a person as a student if 17 the person is undertaking an approved program of study for a 18 health profession in which the person already holds 19 registration under Division 6. 20 (3) The National Board must not require a person to pay a fee for 21 registration as a student. 22 (4) As soon as practicable after registering a person as a student, a 23 National Board must give written notice of the registration 24 to-- 25 (a) the education provider that provided the student's 26 particulars to the Board; and 27 (b) if the Board required the person to complete an 28 application form for registration, the student. 29 (5) As soon as practicable after receiving notice that a student has 30 been registered under subsection (1)(a), the education 31 provider must give written notice of the registration to the 32 student. 33 Page 94

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 90] 90 Period of student registration 1 The period of registration for a student-- 2 (a) starts when the student is registered under section 89; 3 and 4 (b) expires at the end of the day on which the student 5 completes, or otherwise ceases to be enrolled in, the 6 approved program of study. 7 Subdivision 2 Other persons to be registered as 8 students 9 91 Education provider to provide lists of persons 10 (1) If an education provider arranges clinical training in a health 11 profession for a person who is not enrolled in an approved 12 program of study for the profession, the education provider 13 must give the National Board established for the profession 14 written notice about the arrangement. 15 (2) Subsection (1) does not apply if the person is a registered 16 health practitioner who is registered in the health profession in 17 which the clinical training is being undertaken. 18 (3) A notice under subsection (1) must include-- 19 (a) the particulars of the person undertaking the clinical 20 training, and 21 (b) particulars of the arrangement for the person to 22 undertake the clinical training. 23 (4) On receipt of a notice under subsection (1)-- 24 (a) the National Board may register the persons as students 25 in the health profession by entering the persons' 26 particulars in the student register kept by the Board; or 27 (b) the National Board may-- 28 (i) by written notice given to each person, require the 29 person to complete an application for registration 30 Page 95

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 92] as a student in the form approved by the National 1 Board; and 2 (ii) on receipt of the person's application form, register 3 the person as a student in the health profession by 4 entering the person's particulars in the student 5 register kept by the Board. 6 (5) As soon as practicable after registering a person as a student 7 under subsection (4), a National Board must give written 8 notice of the registration to the education provider that 9 provided the student's particulars to the Board. 10 (6) The National Board must not require a person to pay a fee for 11 registration as a student. 12 (7) A student's period of registration under this section-- 13 (a) starts when the student is registered under subsection 14 (4); and 15 (b) expires at the end of the day on which the person 16 completes, or otherwise ceases to undertake, the period 17 of clinical training. 18 Subdivision 3 General provisions applicable to 19 students 20 92 Notice to be given if student registration suspended or 21 condition imposed 22 (1) This section applies if, at any time, any of the following 23 events occurs-- 24 (a) a person's registration as a student under this Law is 25 suspended; 26 (b) a condition is imposed on a person's registration as a 27 student under this Law or a condition to which a 28 person's registration is subject is changed or removed; 29 (c) a National Board accepts an undertaking from a person 30 who is a student. 31 Page 96

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 93] (2) The National Board that registered the person must, as soon as 1 practicable after the event occurs, give written notice of the 2 event to the education provider with which the person is 3 undertaking the approved program of study. 4 (3) If an education provider is given a notice under subsection (2) 5 about a person, the education provider must, as soon as 6 practicable after receiving the notice, give notice of the event 7 to any entity with whom the person is undertaking training as 8 part of the approved program of study. 9 93 Report to National Board of cessation of status as 10 student 11 (1) This section applies if-- 12 (a) a student completes, or otherwise ceases to be enrolled 13 in, an approved program of study for a health profession 14 provided by an education provider; or 15 (b) a student completes, or otherwise ceases to undertake, 16 clinical training in a health profession arranged by an 17 education provider. 18 (2) The education provider must give written notice of the student 19 ceasing to be enrolled in the program of study, or to undertake 20 the clinical training, to the National Board established for the 21 health profession within 60 days of it occurring. 22 (3) A contravention of subsection (2) does not constitute an 23 offence. 24 (4) However, if an education provider contravenes subsection 25 (2)-- 26 (a) the National Board must publish details of the 27 contravention on the Board's website; and 28 (b) the National Agency may, on the recommendation of the 29 National Board, include a statement about the 30 contravention in the Agency's annual report. 31 Page 97

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 94] Division 8 Endorsement of registration 1 Subdivision 1 Endorsement in relation to 2 scheduled medicines 3 94 Endorsement for scheduled medicines 4 (1) A National Board may, in accordance with an approval given 5 by the Ministerial Council under section 14, endorse the 6 registration of a registered health practitioner registered by the 7 Board as being qualified to administer, obtain, possess, 8 prescribe, sell, supply or use a scheduled medicine or class of 9 scheduled medicines if the practitioner-- 10 (a) holds either of the following qualifications relevant to 11 the endorsement-- 12 (i) an approved qualification; 13 (ii) another qualification that, in the Board's opinion, 14 is substantially equivalent to, or based on similar 15 competencies to, an approved qualification; and 16 (b) complies with any approved registration standard 17 relevant to the endorsement. 18 Note. The endorsement of a health practitioner's registration under 19 this section indicates the practitioner is qualified to administer, 20 obtain, possess, prescribe, sell, supply or use the scheduled 21 medicine or class of medicines specified in the endorsement but 22 does not authorise the practitioner to do so. The authorisation of a 23 health practitioner to administer, obtain, possess, prescribe, sell, 24 supply or use scheduled medicines in a participating jurisdiction 25 will be provided for by or under another Act of that jurisdiction. 26 Health practitioners registered in certain health professions will be 27 authorised to administer, obtain, possess, prescribe, sell, supply or 28 use scheduled medicines by or under an Act of a participating 29 jurisdiction without the need for the health practitioners to hold an 30 endorsement under this Law. 31 (2) An endorsement under subsection (1) must state-- 32 (a) the scheduled medicine or class of scheduled medicines 33 to which the endorsement relates; and 34 Page 98

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 95] (b) whether the registered health practitioner is qualified to 1 administer, obtain, possess, prescribe, sell, supply or use 2 the scheduled medicine or class of scheduled medicines; 3 and 4 (c) if the endorsement is for a limited period, the date the 5 endorsement expires. 6 Subdivision 2 Endorsement in relation to nurse 7 practitioners 8 95 Endorsement as nurse practitioner 9 (1) The Nursing and Midwifery Board of Australia may endorse 10 the registration of a registered health practitioner whose name 11 is included in the Register of Nurses as being qualified to 12 practise as a nurse practitioner if the practitioner-- 13 (a) holds either of the following qualifications relevant to 14 the endorsement-- 15 (i) an approved qualification; 16 (ii) another qualification that, in the Board's opinion, 17 is substantially equivalent to, or based on similar 18 competencies to, an approved qualification; and 19 (b) complies with any approved registration standard 20 relevant to the endorsement. 21 (2) An endorsement under subsection (1) must state-- 22 (a) that the registered health practitioner is entitled to use 23 the title "nurse practitioner"; and 24 (b) any conditions applicable to the practice by the 25 registered health practitioner as a nurse practitioner. 26 Page 99

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 96] 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 4 the registration of a registered health practitioner whose name 5 is included in the Register of Midwives as being qualified to 6 practise as a midwife practitioner if the practitioner-- 7 (a) holds either of the following qualifications relevant to 8 the endorsement-- 9 (i) an approved qualification; 10 (ii) another qualification that, in the Board's opinion, 11 is substantially equivalent to, or based on similar 12 competencies to, an approved qualification; and 13 (b) complies with any approved registration standard 14 relevant to the endorsement. 15 (2) An endorsement under subsection (1) must state-- 16 (a) that the registered health practitioner is entitled to use 17 the title "midwife practitioner"; and 18 (b) any conditions applicable to the practice by the 19 registered health practitioner as a midwife practitioner. 20 Subdivision 4 Endorsement in relation to 21 acupuncture 22 97 Endorsement for acupuncture 23 (1) A National Board may endorse the registration of a registered 24 health practitioner registered by the Board as being qualified 25 to practise as an acupuncturist if the practitioner-- 26 (a) holds either of the following qualifications relevant to 27 the endorsement-- 28 (i) an approved qualification; 29 Page 100

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 98] (ii) another qualification that, in the Board's opinion, 1 is substantially equivalent to, or based on similar 2 competencies to, an approved qualification; and 3 (b) complies with an approved registration standard relevant 4 to the endorsement. 5 (2) An endorsement under subsection (1) must state-- 6 (a) that the registered health practitioner is entitled to use 7 the title "acupuncturist"; and 8 (b) any conditions applicable to the practice of acupuncture 9 by the registered health practitioner. 10 Subdivision 5 Endorsements in relation to 11 approved areas of practice 12 98 Endorsement for approved area of practice 13 (1) A National Board established for a health profession may, in 14 accordance with an approval given by the Ministerial Council 15 under section 15, endorse the registration of a registered 16 health practitioner registered by the Board as being qualified 17 to practise in an approved area of practice for the health 18 profession if the practitioner-- 19 (a) holds either of the following qualifications relevant to 20 the endorsement-- 21 (i) an approved qualification; 22 (ii) another qualification that, in the Board's opinion, 23 is substantially equivalent to, or based on similar 24 competencies to, an approved qualification; and 25 (b) complies with an approved registration standard relevant 26 to the endorsement. 27 (2) An endorsement under subsection (1) must state-- 28 (a) the approved area of practice to which the endorsement 29 relates; and 30 Page 101

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 99] (b) any conditions applicable to the practice by the 1 registered health practitioner in the approved area of 2 practice. 3 Subdivision 6 Application for endorsement 4 99 Application for endorsement 5 (1) An individual may apply to a National Board for endorsement 6 of the individual's registration. 7 (2) The application must-- 8 (a) be in the form approved by the National Board; and 9 (b) be accompanied by the relevant fee; and 10 (c) be accompanied by any other information reasonably 11 required by the Board. 12 (3) For the purposes of subsection (2)(c), the information a 13 National Board may require an applicant to provide 14 includes-- 15 (a) evidence of the qualifications in the health profession 16 the applicant believes qualifies the applicant for 17 endorsement; and 18 (b) evidence of successful completion of any period of 19 supervised practice required by an approved registration 20 standard; and 21 (c) if the applicant is required to complete an examination 22 or assessment set by or on behalf of the Board, evidence 23 of the successful completion of the examination or 24 assessment. 25 100 Boards' other powers before deciding application for 26 endorsement 27 (1) Before deciding an application for endorsement, a National 28 Board may-- 29 Page 102

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 101] (a) investigate the applicant, including, for example, by 1 asking an entity-- 2 (i) to give the Board information about the applicant; 3 or 4 (ii) to verify information or a document that relates to 5 the applicant; or 6 (b) by written notice to the applicant, require the applicant 7 to give the Board, within a reasonable time stated in the 8 notice, further information or a document the Board 9 reasonably requires to decide the application; or 10 (c) by written notice to the applicant, require the applicant 11 to attend before the Board, within a reasonable time 12 stated in the notice and at a reasonable place, to answer 13 any questions of the Board relating to the application; or 14 (d) by written notice to the applicant, require the applicant 15 to undergo a written, oral or practical examination, 16 within a reasonable time stated in the notice and at a 17 reasonable place. 18 (2) The purpose of an examination under subsection (1)(d) must 19 be to assess the applicant's ability to practise the health 20 profession in accordance with the endorsement sought. 21 (3) The applicant is taken to have withdrawn the application if, 22 within the stated time, the applicant does not comply with a 23 requirement under subsection (1). 24 101 Applicant may make submissions about proposed 25 refusal of application or imposition of condition 26 (1) If, after considering an application for endorsement of a 27 registration, a National Board is proposing to refuse to 28 endorse the applicant's registration or to endorse the 29 applicant's registration subject to a condition, the Board must 30 give the applicant written notice of the proposal. 31 (2) The notice must-- 32 (a) state the reasons for the proposal; and 33 Page 103

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 102] (b) invite the applicant to make a written or verbal 1 submission to the Board by the date stated in the notice, 2 being not less than 30 days after the day the notice is 3 given to the applicant, about the proposal. 4 102 Decision about application 5 (1) After considering an application for endorsement and any 6 submissions made in accordance with a notice under section 7 101, a National Board must decide to endorse, or refuse to 8 endorse, the applicant's registration as sought. 9 (2) Without limiting subsection (1), a National Board may refuse 10 to endorse an applicant's registration if-- 11 (a) the applicant is not qualified for the endorsement under 12 a relevant section; or 13 (b) the Board considers the applicant is not competent to 14 practise the health profession in accordance with the 15 endorsement sought. 16 (3) In this section-- 17 relevant section means section 94, 95, 96, 97 or 98. 18 103 Conditions of endorsement 19 (1) If a National Board decides to endorse the applicant's 20 registration under section 102, the Board may decide to 21 impose on the endorsement the conditions the Board 22 considers necessary or desirable in the circumstances. 23 Note. A failure by a registered health practitioner to comply with a 24 condition of the practitioner's registration does not constitute an offence 25 but may constitute behaviour for which health, conduct or performance 26 action may be taken. 27 (2) If the National Board decides to impose a condition on the 28 endorsement, the Board must also decide a review period for 29 the condition. 30 Page 104

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 104] 104 Notice of decision to be given to applicant 1 (1) As soon as practicable after making the decision under section 2 102, the National Board must-- 3 (a) give the applicant written notice of the Board's decision; 4 and 5 (b) if the Board decides to endorse the applicant's 6 registration, give the applicant a new certificate of 7 registration. 8 (2) If the Board decides not to endorse the applicant's registration 9 or decides to endorse the applicant's registration subject to a 10 condition, the notice under subsection (1)(a) must state-- 11 (a) the reasons for the decision; and 12 (b) that the applicant may appeal against the decision; and 13 (c) how an application for appeal may be made and the 14 period within which the application must be made. 15 105 Period of endorsement 16 If a National Board decides to endorse a registered health 17 practitioner's registration, the endorsement-- 18 (a) starts when the Board makes the decision; and 19 (b) expires when the practitioner's registration ends. 20 106 Failure to decide application for endorsement 21 If a National Board fails to decide an application for 22 endorsement within 90 days after its receipt, or the longer 23 period agreed between the Board and the applicant, the failure 24 by the Board to make a decision is taken to be a decision to 25 refuse to endorse the applicant's registration. 26 Page 105

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 107] Division 9 Renewal of registration 1 107 Application for renewal of registration or endorsement 2 (1) A registered health practitioner may apply to the National 3 Board that registered the practitioner for renewal of the health 4 practitioner's registration. 5 (2) An application for renewal of a registered health practitioner's 6 registration must be made not later than one month after the 7 practitioner's period of registration ends. 8 (3) If the registered health practitioner's registration has been 9 endorsed by the National Board, the application for renewal of 10 the practitioner's registration is taken to also be an application 11 for a renewal of the endorsement. 12 (4) The application for renewal of registration must-- 13 (a) be in the form approved by the National Board; and 14 (b) be accompanied by the relevant fee; and 15 (c) if the application for renewal is made after the registered 16 health practitioner's period of registration ends, be 17 accompanied by the relevant fee for a late application; 18 and 19 (d) be accompanied by the annual statement required under 20 section 109; and 21 (e) be accompanied by any other information reasonably 22 required by the Board. 23 108 Registration taken to continue in force 24 (1) If a registered health practitioner applies under section 107 to 25 renew the practitioner's registration, the applicant's 26 registration, including any endorsement of the registration, is 27 taken to continue in force from the day it would, apart from 28 this section, have ended until-- 29 Page 106

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 109] (a) if the National Board decides to renew the applicant's 1 registration, the day a new certificate of registration is 2 issued to the applicant; or 3 (b) if the National Board decides to refuse to renew the 4 applicant's registration, the day the applicant is given 5 notice of the decision. 6 (2) If a health practitioner does not apply to renew the 7 practitioner's registration before the practitioner's period of 8 registration ends, the registration, including any endorsement 9 of the registration, is taken to continue in force until-- 10 (a) the end of the day that is one month after the day the 11 period of registration would, apart from this subsection, 12 have ended; or 13 (b) if the health practitioner applies for renewal of the 14 registration not later than one month after the 15 practitioner's period of registration ends, the day 16 referred to in subsection (1)(a) or (b). 17 (3) Subsection (1) or (2) does not apply if the registration is 18 earlier cancelled under this Law. 19 109 Annual statement 20 (1) An application for renewal of registration must include or be 21 accompanied by a statement that includes the following-- 22 (a) a declaration by the applicant that-- 23 (i) the applicant does not have an impairment; and 24 (ii) the applicant has met any recency of practice 25 requirements stated in an approved registration 26 standard for the health profession; and 27 (iii) the applicant has completed the continuing 28 professional development the applicant was 29 required by an approved registration standard to 30 undertake during the applicant's preceding period 31 of registration; and 32 Page 107

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 109] (iv) the applicant has not practised the health 1 profession during the preceding period of 2 registration without appropriate professional 3 indemnity insurance arrangements being in place 4 in relation to the applicant; and 5 (v) if the applicant's registration is renewed the 6 applicant will not practise the health profession 7 unless appropriate professional indemnity 8 insurance arrangements are in place in relation to 9 the applicant; 10 (b) details of any change in the applicant's criminal history 11 that occurred during the applicant's preceding period of 12 registration; 13 Note. See the definition of criminal history which applies to 14 offences in participating jurisdictions and elsewhere, including 15 outside Australia. 16 (c) if the applicant's right to practise at a hospital or another 17 facility at which health services are provided was 18 withdrawn or restricted during the applicant's preceding 19 period of registration because of the applicant's conduct, 20 professional performance or health, details of the 21 withdrawal or restriction of the right to practise; 22 (d) if the applicant's billing privileges were withdrawn or 23 restricted under the Medicare Australia Act 1973 of the 24 Commonwealth during the applicant's preceding period 25 of registration because of the applicant's conduct, 26 professional performance or health, details of the 27 withdrawal or restriction of the privileges; 28 (e) details of any complaint made about the applicant to a 29 registration authority or another entity having functions 30 relating to professional services provided by health 31 practitioners or the regulation of health practitioners; 32 (f) any other information required by an approved 33 registration standard. 34 (2) Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply 35 to an applicant who is applying for the renewal of 36 non-practising registration. 37 Page 108

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 110] 110 National Board's powers before making decision 1 Before deciding an application for renewal of registration, a 2 National Board may exercise a power under section 80 as if 3 the application were an application for registration made 4 under section 77. 5 111 Applicant may make submissions about proposed 6 refusal of application for renewal or imposition of 7 condition 8 (1) If, after considering an application for renewal of registration, 9 a National Board is proposing to refuse to renew the 10 applicant's registration or to renew the applicant's registration 11 subject to a new condition, the Board must give the applicant 12 written notice of the proposal. 13 (2) The notice must-- 14 (a) state the reasons for the proposal; and 15 (b) invite the applicant to make a written or verbal 16 submission to the Board by the date stated in the notice, 17 being not less than 30 days after the day the notice is 18 given to the applicant, about the proposal. 19 112 Decision about application for renewal 20 (1) After considering an application for renewal of registration 21 and any submissions made in accordance with a notice under 22 section 111, a National Board may decide to renew, or refuse 23 to renew, the applicant's registration or the endorsement. 24 (2) The National Board may refuse to renew the applicant's 25 registration or any endorsement on the applicant's 26 registration-- 27 (a) on any ground on which the Board could refuse to grant 28 the registration or endorsement under section 82 or 102 29 if the application were for a grant of registration or 30 endorsement; or 31 Page 109

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 112] (b) if the applicant contravened any condition to which the 1 applicant's previous registration or endorsement was 2 subject; or 3 (c) if, during the applicant's previous period of registration, 4 the applicant failed to have appropriate professional 5 indemnity insurance arrangements or failed to complete 6 the continuing professional development required by an 7 approved registration standard for the profession; or 8 (d) if a statement made by the applicant in the applicant's 9 annual statement was false or misleading in a material 10 particular; or 11 (e) if the application is for the renewal of provisional 12 registration and the applicant's provisional registration 13 has previously been renewed twice; or 14 (f) if the application is for the renewal of limited 15 application and the applicant's limited registration has 16 previously been renewed 3 times. 17 (3) If the National Board renews a registration, including any 18 endorsement on the registration, the registration or 19 endorsement is subject to-- 20 (a) any condition to which the registration was subject 21 immediately before the renewal; and 22 (b) any condition the Board considers necessary or 23 desirable in the circumstances 24 Note. A failure by a registered health practitioner to comply with a 25 condition of the practitioner's registration does not constitute an 26 offence but may constitute behaviour for which health, conduct or 27 performance action may be taken. 28 (4) If the National Board decides to renew a registered health 29 practitioner's registration or an endorsement of the 30 registration subject to a condition under subsection (3)(b), the 31 Board must decide a review period for the condition. 32 (5) If a National Board decides to refuse to renew an applicant's 33 registration or the endorsement of the applicant's registration, 34 or to renew the registration or the endorsement subject to a 35 Page 110

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 113] condition under subsection (3)(b), the Board must give the 1 applicant a notice that states-- 2 (a) the decision made by the Board; and 3 (b) the reasons for the decision; and 4 (c) that the applicant may appeal against the decision; and 5 (d) how an application for appeal may be made and the 6 period within which the application must be made. 7 (6) A registration, including any endorsement of the registration, 8 renewed under this Division-- 9 (a) starts on the day immediately after the applicant's 10 previous period of registration ends or ended; and 11 (b) expires at the end of the day that is 12 months after the 12 day it starts. 13 Division 10 Title and practice protections 14 Subdivision 1 Title protections 15 113 Restriction on use of protected titles 16 (1) A person must not knowingly or recklessly-- 17 (a) take or use a title in the Table to this section, in a way 18 that could be reasonably expected to induce a belief the 19 person is registered under this Law in the health 20 profession listed beside the title in the Table, unless the 21 person is registered in the profession, or 22 (b) take or use a prescribed title for a health profession, in a 23 way that could be reasonably expected to induce a belief 24 the person is registered under this Law in the profession, 25 unless the person is registered in the profession. 26 Maximum penalty-- 27 (a) in the case of an individual--$30,000; or 28 Page 111

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 113] (b) in the case of a body corporate--$60,000. 1 (2) A person must not knowingly or recklessly-- 2 (a) take or use a title in the Table in relation to another 3 person (the second person), in a way that could be 4 reasonably expected to induce a belief the second person 5 is registered under this Law in the health profession 6 listed beside the title in the Table, unless the second 7 person is registered in the profession; or 8 (b) take or use a prescribed title for a health profession in 9 relation to another person (the second person), in a way 10 that could be reasonably expected to induce a belief the 11 second person is registered under this Law in the 12 profession, unless the second person is registered in the 13 profession. 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 (3) Subsections (1) and (2) apply whether or not the title is taken 18 or used with or without any other words and whether in 19 English or any other language. 20 Table-- Protected Titles 21 Profession Title Aboriginal and Torres Strait Aboriginal and Torres Strait Islander 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 Page 112

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 114] Profession Title Medical Radiation Practice medical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist 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 2 under section 97 by a National Board as being qualified to 3 practise as an acupuncturist does not commit an offence 4 against section 113(1)(a) merely because the individual takes 5 or uses the title "acupuncturist". 6 (2) A person does not commit an offence against section 7 113(2)(a) merely because the person takes or uses the title 8 "acupuncturist" in relation to another person who is a 9 registered health practitioner whose registration is endorsed 10 under section 97 by a National Board as being qualified to 11 practise as an acupuncturist. 12 115 Restriction on use of specialist titles 13 (1) A person must not knowingly or recklessly take or use-- 14 Page 113

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 116] (a) the title "dental specialist" unless the person is 1 registered under this Law in a recognised specialty in 2 the dentists division of the dental profession; or 3 (b) the title "medical specialist" unless the person is 4 registered in a recognised specialty in the medical 5 profession; or 6 (c) a specialist title for a recognised specialty unless the 7 person is registered under this Law in the specialty. 8 Maximum penalty-- 9 (a) in the case of an individual--$30,000; or 10 (b) in the case of a body corporate--$60,000. 11 (2) A person must not knowingly or recklessly take or use-- 12 (a) the title "dental specialist" in relation to another person 13 unless the other person is registered under this Law in a 14 recognised specialty in the dentists division of the dental 15 profession; or 16 (b) the title "medical specialist" in relation to another 17 person unless the person is registered in a recognised 18 specialty in the medical profession; or 19 (c) a specialist title for a recognised specialty in relation to 20 another person unless the person is registered under this 21 Law in the specialty. 22 Maximum penalty-- 23 (a) in the case of an individual--$30,000; or 24 (b) in the case of a body corporate--$60,000. 25 (3) Subsection (1) applies whether or not the title is taken or used 26 with or without any other words and whether in English or 27 any other language. 28 116 Claims by persons as to registration as health 29 practitioner 30 (1) A person who is not a registered health practitioner must not 31 knowingly or recklessly-- 32 Page 114

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 116] (a) take or use the title of "registered health practitioner", 1 whether with or without any other words; or 2 (b) take or use a title, name, initial, symbol, word or 3 description that, having regard to the circumstances in 4 which it is taken or used, indicates or could be 5 reasonably understood to indicate-- 6 (i) the person is a health practitioner; or 7 (ii) the person is authorised or qualified to practise in a 8 health profession; or 9 (c) claim to be registered under this Law or hold himself or 10 herself out as being registered under this Law; or 11 (d) claim to be qualified to practise as a health practitioner. 12 Maximum penalty-- 13 (a) in the case of an individual--$30,000; or 14 (b) in the case of a body corporate--$60,000. 15 (2) A person must not knowingly or recklessly-- 16 (a) take or use the title of "registered health practitioner", 17 whether with or without any other words, in relation to 18 another person who is not a registered health 19 practitioner; or 20 (b) take or use a title, name, initial, symbol, word or 21 description that, having regard to the circumstances in 22 which it is taken or used, indicates or could be 23 reasonably understood to indicate-- 24 (i) another person is a health practitioner if the other 25 person is not a health practitioner; or 26 (ii) another person is authorised or qualified to practise 27 in a health profession if the other person is not a 28 registered health practitioner in that health 29 profession; or 30 (c) claim another person is registered under this Law, or 31 hold the other person out as being registered under this 32 Page 115

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 117] Law, if the other person is not registered under this Law; 1 or 2 (d) claim another person is qualified to practise as a health 3 practitioner if the other person is not a registered health 4 practitioner. 5 Maximum penalty-- 6 (a) in the case of an individual--$30,000; or 7 (b) in the case of a body corporate--$60,000. 8 117 Claims by persons as to registration in particular 9 profession or division 10 (1) A registered health practitioner must not knowingly or 11 recklessly-- 12 (a) claim to be registered under this Law in a health 13 profession or a division of a health profession in which 14 the practitioner is not registered, or hold himself or 15 herself out as being registered in a health profession or a 16 division of a health profession if the person is not 17 registered in that health profession or division; or 18 (b) claim to be qualified to practise as a practitioner in a 19 health profession or a division of a health profession in 20 which the practitioner is not registered; or 21 (c) take or use any title that could be reasonably understood 22 to induce a belief the practitioner is registered under this 23 Law in a health profession or a division of a health 24 profession in which the practitioner is not registered. 25 (2) A contravention of subsection (1) by a registered health 26 practitioner does not constitute an offence but may constitute 27 behaviour for which health, conduct or performance action 28 may be taken. 29 (3) A person must not knowingly or recklessly-- 30 (a) claim another person is registered under this Law in a 31 health profession or a division of a health profession in 32 which the other person is not registered, or hold the 33 Page 116

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 118] other person out as being registered in a health 1 profession or a division of a health profession if the 2 other person is not registered in that health profession or 3 division; or 4 (b) claim another person is qualified to practise as a health 5 practitioner in a health profession or division of a health 6 profession in which the other person is not registered; or 7 (c) take or use any title in relation to another person that 8 could be reasonably understood to induce a belief the 9 other person is registered under this Law in a health 10 profession or a division of a health profession in which 11 the person is not registered. 12 Maximum penalty-- 13 (a) in the case of an individual--$30,000; or 14 (b) in the case of a body corporate--$60,000. 15 Note. A contravention of this subsection by a registered health 16 practitioner may also constitute unprofessional conduct for which 17 health, conduct or performance action may be taken. 18 118 Claims by persons as to specialist registration 19 (1) A person who is not a specialist health practitioner must not 20 knowingly or recklessly-- 21 (a) take or use the title of "specialist health practitioner", 22 whether with or without any other words; or 23 (b) take or use a title, name, initial, symbol, word or 24 description that, having regard to the circumstances in 25 which it is taken or used, indicates or could be 26 reasonably understood to indicate-- 27 (i) the person is a specialist health practitioner; or 28 (ii) the person is authorised or qualified to practise in a 29 recognised specialty; or 30 (c) claim to be registered under this Law in a recognised 31 specialty or hold himself or herself out as being 32 registered under this Law in a recognised specialty; or 33 Page 117

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 118] (d) claim to be qualified to practise as a specialist health 1 practitioner. 2 Maximum penalty-- 3 (a) in the case of an individual--$30,000; or 4 (b) in the case of a body corporate--$60,000. 5 (2) A person must not knowingly or recklessly-- 6 (a) take or use the title of "specialist health practitioner", 7 whether with or without any other words, in relation to 8 another person who is not a specialist health 9 practitioner; or 10 (b) take or use a title, name, initial, symbol, word or 11 description in relation to another person that, having 12 regard to the circumstances in which it is taken or used, 13 indicates or could be reasonably understood to 14 indicate-- 15 (i) the other person is a specialist health practitioner; 16 or 17 (ii) the other person is authorised or qualified to 18 practise in a recognised specialty; or 19 (c) claim another person is registered under this Law in a 20 recognised specialty or hold the other person out as 21 being registered under this Law in a recognised 22 specialty if the other person is not registered in that 23 recognised specialty; or 24 (d) claim another person is qualified to practise as a 25 specialist health practitioner if the person is not a 26 specialist health practitioner. 27 Maximum penalty-- 28 (a) in the case of an individual--$30,000; or 29 (b) in the case of a body corporate--$60,000. 30 Note. A contravention of this section by a registered health 31 practitioner may also constitute unprofessional conduct for which 32 health, conduct or performance action may be taken. 33 Page 118

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 119] 119 Claims about type of registration or registration in 1 recognised specialty 2 (1) A registered health practitioner must not knowingly or 3 recklessly-- 4 (a) claim to hold a type of registration or endorsement 5 under this Law that the practitioner does not hold or 6 hold himself or herself out as holding a type of 7 registration or endorsement if the practitioner does not 8 hold that type of registration; or 9 (b) claim to be qualified to hold a type of registration or 10 endorsement the practitioner does not hold; or 11 (c) claim to hold specialist registration under this Law in a 12 recognised specialty in which the practitioner does not 13 hold specialist registration or hold himself or herself out 14 as holding specialist registration in a recognised 15 specialty if the person does not hold specialist 16 registration in that specialty; or 17 (d) claim to be qualified to practise as a specialist health 18 practitioner in a recognised specialty in which the 19 practitioner is not registered. 20 (2) A contravention of subsection (1) by a registered health 21 practitioner does not constitute an offence but may constitute 22 behaviour for which health, conduct or performance action 23 may be taken. 24 (3) A person must not knowingly or recklessly-- 25 (a) claim another person holds a type of registration or 26 endorsement under this Law that the other person does 27 not hold or hold the other person out as holding a type of 28 registration or endorsement if the practitioner does not 29 hold that type of registration or endorsement; or 30 (b) claim another person is qualified to hold a type of 31 registration or endorsement that the other person does 32 not hold; or 33 (c) claim another person holds specialist registration under 34 this Law in a recognised specialty which the other 35 Page 119

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 120] person does not hold or hold the other person out as 1 holding specialist registration in a recognised specialty 2 if the other person does not hold specialist registration in 3 that specialty; or 4 (d) claim another person is qualified to practise in a 5 recognised specialty in which the other person is not 6 registered. 7 Maximum penalty-- 8 (a) in the case of an individual--$30,000; or 9 (b) in the case of a body corporate--$60,000. 10 Note. A contravention of this subsection by a registered health 11 practitioner may also constitute unprofessional conduct for which 12 health, conduct or performance action may be taken. 13 120 Registered health practitioner registered on conditions 14 (1) A registered health practitioner who is registered on 15 conditions must not knowingly or recklessly claim, or hold 16 himself or herself out, to be registered without the conditions 17 or any conditions. 18 (2) A contravention of subsection (1) by a registered health 19 practitioner does not constitute an offence but may constitute 20 behaviour for which health, conduct or performance action 21 may be taken. 22 Subdivision 2 Practice protections 23 121 Restricted dental acts 24 (1) A person must not carry out a restricted dental act unless the 25 person-- 26 (a) is registered in the dental profession or medical 27 profession and carries out the restricted dental act in 28 accordance with any requirements specified in an 29 approved registration standard; or 30 Page 120

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 121] (b) is a student who carries out the restricted dental act in 1 the course of activities undertaken as part of-- 2 (i) an approved program of study for the dental 3 profession or medical profession; or 4 (ii) clinical training in the dental profession or medical 5 profession; or 6 (c) carries out the restricted dental act in the course of 7 carrying out technical work on the written order of a 8 person registered in the dentists or dental prosthetists 9 division of the dental profession; or 10 (d) is a person, or a member of a class of persons, 11 prescribed under a regulation as being authorised to 12 carry out the restricted dental act or restricted dental acts 13 generally. 14 Maximum penalty-- $30,000. 15 (2) In this section-- 16 restricted dental act means any of the following acts-- 17 (a) performing any irreversible procedure on the human 18 teeth or jaw or associated structures; 19 (b) correcting malpositions of the human teeth or jaw or 20 associated structures; 21 (c) fitting or intra-orally adjusting artificial teeth or 22 corrective or restorative dental appliances for a person; 23 (d) performing any irreversible procedure on, or the giving 24 of any treatment or advice to, a person that is 25 preparatory to or for the purpose of fitting, inserting, 26 adjusting, fixing, constructing, repairing or renewing 27 artificial dentures or a restorative dental appliance. 28 technical work means the mechanical construction or the 29 renewal or repair of artificial dentures or restorative dental 30 appliances. 31 Page 121

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 122] 122 Restriction on prescription of optical appliances 1 (1) A person must not prescribe an optical appliance unless-- 2 (a) the person is an optometrist or medical practitioner; or 3 (b) the appliance is spectacles and the person is an 4 orthoptist who-- 5 (i) prescribes the spectacles in the course of carrying 6 out duties at a public health facility; or 7 (ii) prescribes the spectacles under the supervision of 8 an optometrist or medical practitioner; or 9 (iii) prescribes the spectacles, on the written referral of 10 an optometrist or medical practitioner, to a person 11 who has had, within the 12 months before the 12 referral, an ocular health examination conducted 13 by an optometrist or medical practitioner; or 14 (c) the person is a person, or a member of a class of 15 persons, prescribed under a regulation as being 16 authorised to prescribe an optical appliance of that type 17 or to prescribe optical appliances generally. 18 Maximum penalty-- $30,000. 19 (2) In this section-- 20 optical appliance means-- 21 (a) any appliance designed to correct, remedy or relieve any 22 refractive abnormality or defect of sight, including, for 23 example, spectacle lenses; or 24 (b) contact lenses, whether or not designed to correct, 25 remedy or relieve any refractive abnormality or defect of 26 sight. 27 optometrist means a person registered in the optometry 28 profession. 29 orthoptist means a person whose name is recorded in the 30 Register of Orthoptists kept by the Australian Orthoptists 31 Registration Body Pty Ltd (ACN 095 11 7 678). 32 Page 122

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 123] 123 Restriction on spinal manipulation 1 (1) A person must not perform manipulation of the cervical spine 2 unless the person-- 3 (a) is registered in an appropriate health profession; or 4 (b) is a student who performs manipulation of the cervical 5 spine in the course of activities undertaken as part of-- 6 (i) an approved program of study in an appropriate 7 health profession; or 8 (ii) clinical training in an appropriate health 9 profession; or 10 (c) is a person, or a member of a class of persons, 11 prescribed under a regulation as being authorised to 12 perform manipulation of the cervical spine. 13 Maximum penalty-- $30,000. 14 (2) In this section-- 15 appropriate health profession means any of the following 16 health professions-- 17 (a) chiropractic; 18 (b) osteopathy; 19 (c) medical; 20 (d) physiotherapy. 21 manipulation of the cervical spine means moving the joints 22 of the cervical spine beyond a person's usual physiological 23 range of motion using a high velocity, low amplitude thrust. 24 Page 123

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 124] Division 11 Miscellaneous 1 Subdivision 1 Certificates of registration 2 124 Issue of certificate of registration 3 (1) This section applies if-- 4 (a) a National Board decides to register an individual in the 5 health profession for which the Board is established; or 6 (b) a National Board decides to renew an individual's 7 registration in the health profession for which the Board 8 is established; or 9 (c) a National Board or an adjudication body decides to 10 impose, change or remove a condition on a registered 11 health practitioner's registration or otherwise change the 12 practitioner's registration in a material way; or 13 (d) a National Board or an adjudication body decides to 14 accept an undertaking from a registered health 15 practitioner or to change or revoke an undertaking given 16 by the practitioner; or 17 (e) a National Board decides to endorse a health 18 practitioner's registration. 19 (2) The National Board must, as soon as practicable after the 20 decision is made, give the registered health practitioner a 21 certificate of registration in the form decided by the Board. 22 (3) A certificate of registration must include the following-- 23 (a) the name of the registered health practitioner; 24 (b) the type of registration granted and, if the registration is 25 endorsed, the type of endorsement granted; 26 (c) the date the registration or endorsement was granted; 27 (d) the division of the register, if any, in which the 28 practitioner is registered; 29 Page 124

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 125] (e) any condition to which the registration or endorsement 1 is subject; 2 (f) any undertaking given by the practitioner to the National 3 Board; 4 (g) the date the registration expires; 5 (h) any other information the Board considers appropriate. 6 Subdivision 2 Review of conditions and 7 undertakings 8 125 Changing or removing conditions or undertaking on 9 application by registered health practitioner or student 10 (1) A registered health practitioner or student may apply to a 11 National Board that registered the practitioner or student-- 12 (a) for a registered health practitioner-- 13 (i) to change or remove a condition imposed on the 14 practitioner's registration or endorsement; or 15 (ii) to change or revoke an undertaking given by the 16 practitioner; or 17 (b) for a student-- 18 (i) to change or remove a condition imposed on the 19 student's registration; or 20 (ii) to change or revoke an undertaking given by the 21 student to the Board. 22 (2) However, the registered health practitioner or student may not 23 make an application-- 24 (a) during a review period applying to the condition or 25 undertaking, unless the practitioner or student 26 reasonably believes there has been a material change in 27 the practitioner's or student's circumstances; or 28 (b) for a condition imposed by an adjudication body for a 29 co-regulatory jurisdiction, unless the adjudication body 30 Page 125

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 126] decided, when imposing the condition, that this 1 Subdivision applied to the condition. 2 (3) An application under subsection (1) must-- 3 (a) be in the form approved by the National Board; and 4 (b) be accompanied by any other information reasonably 5 required by the Board. 6 (4) For the purposes of deciding the application, the National 7 Board may exercise a power under section 80 as if the 8 application were an application for registration as a registered 9 health practitioner. 10 (5) The National Board must decide to grant the application or 11 refuse to grant the application. 12 (6) As soon as practicable after making the decision under 13 subsection (5), the National Board must give the registered 14 health practitioner or student written notice of the Board's 15 decision. 16 (7) If the National Board decides to refuse to grant the 17 application, the notice must state-- 18 (a) the decision made by the Board; and 19 (b) that the registered health practitioner or student may 20 appeal against the decision; and 21 (c) how an application for appeal may be made and the 22 period within which the application must be made. 23 126 Changing conditions on Board's initiative 24 (1) This section applies if a National Board reasonably believes it 25 is necessary to change a condition imposed on the registration 26 of a registered health practitioner or student registered by the 27 Board. 28 (2) The National Board must give the registered health 29 practitioner or student a written notice stating-- 30 (a) that the Board proposes to change the condition; and 31 (b) how the Board proposes to change the condition; and 32 Page 126

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 127] (c) the reason for the proposed change; and 1 (d) that the practitioner or student may, within 30 days after 2 receipt of the notice, make written or verbal submissions 3 to the Board about why the condition should not be 4 changed. 5 (3) However, the condition may not be changed-- 6 (a) during a review period applying to the condition, unless 7 the National Board reasonably believes there has been a 8 material change in the registered health practitioner's or 9 student's circumstances; or 10 (b) if the condition was imposed by an adjudication body 11 for a co-regulatory jurisdiction, unless the adjudication 12 body decided, when imposing the condition, that this 13 Subdivision applied to the condition. 14 (4) The registered health practitioner or student may make written 15 or verbal submissions about the proposed change to the 16 condition as stated in the notice. 17 (5) The National Board must consider any submissions made 18 under subsection (4) and decide whether or not to change the 19 condition. 20 (6) As soon as practicable after making its decision the National 21 Board must give written notice of the decision to the 22 registered health practitioner or student. 23 (7) If the National Board decides to change the condition, the 24 notice must state-- 25 (a) the decision made by the Board; and 26 (b) that the registered health practitioner or student may 27 appeal against the decision; and 28 (c) how an application for appeal may be made and the 29 period within which the application must be made. 30 127 Removal of condition or revocation of undertaking 31 (1) This section applies if a National Board reasonably believes-- 32 Page 127

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 128] (a) that a condition imposed on the registration of a 1 registered health practitioner or student registered by the 2 Board is no longer necessary; or 3 (b) that an undertaking given to the Board by a health 4 practitioner or student registered by the Board is no 5 longer necessary. 6 (2) The National Board may decide to remove the condition or 7 revoke the undertaking. 8 (3) However, the condition or undertaking may not be removed or 9 revoked-- 10 (a) during a review period applying to the condition or 11 undertaking, unless the National Board reasonably 12 believes there has been a material change in the 13 registered health practitioner's or student's 14 circumstances; or 15 (b) for a condition imposed by an adjudication body for a 16 co-regulatory jurisdiction, unless the adjudication body 17 decided, when imposing the condition, that this 18 Subdivision applied to the condition. 19 (4) As soon as practicable after making the decision the National 20 Board must give notice of the decision to the registered health 21 practitioner or student. 22 (5) The decision takes effect on the date stated in the notice. 23 Subdivision 3 Obligations of registered health 24 practitioners and students 25 128 Continuing professional development 26 (1) A registered health practitioner must undertake the continuing 27 professional development required by an approved 28 registration standard for the health profession in which the 29 practitioner is registered. 30 (2) A contravention of subsection (1) by a registered health 31 practitioner does not constitute an offence but may constitute 32 Page 128

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 129] behaviour for which health, conduct or performance action 1 may be taken. 2 (3) In this section-- 3 registered health practitioner does not include a registered 4 health practitioner who holds non-practising registration in 5 the profession. 6 129 Professional indemnity insurance arrangements 7 (1) A registered health practitioner must not practise the health 8 profession in which the practitioner is registered unless 9 appropriate professional indemnity insurance arrangements 10 are in force in relation to the practitioner's practice of the 11 profession. 12 (2) A National Board may, at any time by written notice, require a 13 registered health practitioner registered by the Board to give 14 the Board evidence of the appropriate professional indemnity 15 insurance arrangements that are in force in relation to the 16 practitioner's practice of the profession. 17 (3) A registered health practitioner must not, without reasonable 18 excuse, fail to comply with a written notice given to the 19 practitioner under subsection (2). 20 (4) A contravention of subsection (1) or (3) by a registered health 21 practitioner does not constitute an offence but may constitute 22 behaviour for which health, conduct or performance action 23 may be taken. 24 (5) In this section-- 25 registered health practitioner does not include a registered 26 health practitioner who holds non-practising registration in 27 the profession. 28 130 Registered health practitioner or student to give National 29 Board notice of certain events 30 (1) A registered health practitioner or student must, within 7 days 31 after becoming aware that a relevant event has occurred in 32 Page 129

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 130] relation to the practitioner or student, give the National Board 1 that registered the practitioner or student written notice of the 2 event. 3 (2) A contravention of subsection (1) by a registered health 4 practitioner or student does not constitute an offence but may 5 constitute behaviour for which health, conduct or performance 6 action may be taken. 7 (3) In this section-- 8 relevant event means-- 9 (a) in relation to a registered health practitioner-- 10 (i) the practitioner is charged, whether in a 11 participating jurisdiction or elsewhere, with an 12 offence punishable by 12 months imprisonment or 13 more; or 14 (ii) the practitioner is convicted of or the subject of a 15 finding of guilt for an offence, whether in a 16 participating jurisdiction or elsewhere, punishable 17 by imprisonment; or 18 (iii) appropriate professional indemnity insurance 19 arrangements are no longer in place in relation to 20 the practitioner's practice of the profession; or 21 (iv) the practitioner's right to practise at a hospital or 22 another facility at which health services are 23 provided is withdrawn or restricted because of the 24 practitioner's conduct, professional performance or 25 health; or 26 (v) the practitioner's billing privileges are withdrawn 27 or restricted under the Medicare Australia Act 28 1973 of the Commonwealth because of the 29 practitioner's conduct, professional performance or 30 health; or 31 (vi) the practitioner's authority under a law of a State or 32 Territory to administer, obtain, possess, prescribe, 33 sell, supply or use a scheduled medicine or class of 34 scheduled medicines is cancelled or restricted; or 35 Page 130

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 131] (vii) a complaint is made about the practitioner to an 1 entity referred to in section 219(1)(a) to (e); or 2 (viii) the practitioner's registration under the law of 3 another country that provides for the registration of 4 health practitioners is suspended or cancelled or 5 made subject to a condition or another restriction; 6 or 7 (b) in relation to a student-- 8 (i) the student is charged with an offence punishable 9 by 12 months imprisonment or more; or 10 (ii) the student is convicted of or the subject of a 11 finding of guilt for an offence punishable by 12 imprisonment; or 13 (iii) the student's registration under the law of another 14 country that provides for the registration of 15 students has been suspended or cancelled. 16 131 Change in principal place of practice, address or name 17 (1) A registered health practitioner must, within 30 days of any of 18 the following changes happening, give the National Board 19 that registered the practitioner written notice of the change 20 and any evidence providing proof of the change required by 21 the Board-- 22 (a) a change in the practitioner's principal place of practice; 23 (b) a change in the address provided by the registered health 24 practitioner as the address the Board should use in 25 corresponding with the practitioner; 26 (c) a change in the practitioner's name. 27 (2) A contravention of subsection (1) by a registered health 28 practitioner does not constitute an offence but may constitute 29 behaviour for which health, conduct or performance action 30 may be taken. 31 Page 131

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 132] 132 National Board may ask registered health practitioner for 1 employer's details 2 (1) A National Board may, at any time by written notice given to a 3 health practitioner registered by the Board, ask the 4 practitioner to give the Board the following information-- 5 (a) information about whether the practitioner is employed 6 by another entity; 7 (b) if the practitioner is employed by another entity-- 8 (i) the name of the practitioner's employer; and 9 (ii) the address and other contact details of the 10 practitioner's employer. 11 (2) The registered health practitioner must not, without 12 reasonable excuse, fail to comply with the notice. 13 (3) A contravention of subsection (2) by a registered health 14 practitioner does not constitute an offence but may constitute 15 behaviour for which health, conduct or performance action 16 may be taken. 17 Subdivision 4 Advertising 18 133 Advertising 19 (1) A person must not advertise a regulated health service, or a 20 business that provides a regulated health service, in a way 21 that-- 22 (a) is false, misleading or deceptive or is likely to be 23 misleading or deceptive; or 24 (b) offers a gift, discount or other inducement to attract a 25 person to use the service or the business, unless the 26 advertisement also states the terms and conditions of the 27 offer; or 28 (c) uses testimonials or purported testimonials about the 29 service or business; or 30 Page 132

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 134] (d) creates an unreasonable expectation of beneficial 1 treatment; or 2 (e) directly or indirectly encourages the indiscriminate or 3 unnecessary use of regulated health services. 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 does not commit an offence against subsection (1) 8 merely because the person, as part of the person's business, 9 prints or publishes an advertisement for another person. 10 (3) In proceedings for an offence against this section, a court may 11 have regard to a guideline approved by a National Board about 12 the advertising of regulated health services. 13 (4) In this section-- 14 regulated health service means a service provided by, or 15 usually provided by, a health practitioner. 16 Subdivision 5 Board's powers to check identity 17 and criminal history 18 134 Evidence of identity 19 (1) A National Board may, at any time, require a registered health 20 practitioner to provide evidence of the practitioner's identity. 21 (2) A requirement under subsection (1) must be made by written 22 notice given to the registered health practitioner. 23 (3) The registered health practitioner must not, without 24 reasonable excuse, fail to comply with the notice. 25 (4) A contravention of subsection (3) by a registered health 26 practitioner does not constitute an offence but may constitute 27 behaviour for which health, conduct or performance action 28 may be taken. 29 Page 133

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 135] (5) If a registered health practitioner gives a National Board a 1 document as evidence of the practitioner's identity under this 2 section, the Board may, by written notice, ask the entity that 3 issued the document-- 4 (a) to confirm the validity of the document; or 5 (b) to give the Board other information relevant to the 6 practitioner's identity. 7 (6) An entity given a notice under subsection (5) is authorised to 8 provide the information requested. 9 135 Criminal history check 10 (1) A National Board may, at any time, obtain a written report 11 about a registered health practitioner's criminal history from 12 any of the following-- 13 (a) CrimTrac; 14 (b) a police commissioner; 15 (c) an entity in a jurisdiction outside Australia that has 16 access to records about the criminal history of persons 17 in that jurisdiction. 18 (2) Without limiting subsection (1), a report may be obtained 19 under that subsection-- 20 (a) to check a statement made by a registered health 21 practitioner in the practitioner's application for renewal 22 of registration; or 23 (b) as part of an audit carried out by a National Board, to 24 check statements made by registered health 25 practitioners. 26 (3) A criminal history law does not apply to a report under 27 subsection (1). 28 Page 134

Health Practitioner Regulation National Law Bill 2009 Part 7 Registration of health practitioners [s 136] Subdivision 6 General 1 136 Directing or inciting unprofessional conduct or 2 professional misconduct 3 (1) A person must not direct or incite a registered health 4 practitioner to do anything, in the course of the practitioner's 5 practice of the health profession, that amounts to 6 unprofessional conduct or professional misconduct. 7 Maximum penalty-- 8 (a) in the case of an individual--$30,000; or 9 (b) in the case of a body corporate--$60,000. 10 (2) Subsection (1) does not apply to a person who is the owner or 11 operator of a public health facility. 12 137 Surrender of registration 13 (1) A registered health practitioner may, by written notice given 14 to the National Board that registered the practitioner, 15 surrender the practitioner's registration. 16 (2) The surrender of the registration takes effect on-- 17 (a) the day the National Board receives the notice under 18 subsection (1); or 19 (b) the later day stated in the notice. 20 Page 135

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 138] Part 8 Health, performance and 1 conduct 2 Division 1 Preliminary 3 138 Part applicable to persons formerly registered under this 4 Law 5 (1) This section applies if a person was, but is no longer, 6 registered in a health profession under this Law. 7 (2) A notification may be made, and proceedings may be taken, 8 under this Part in relation to the person's behaviour while 9 registered as if the person were still registered under this Law 10 by the National Board established for the health profession. 11 (3) For the purposes of subsection (2), this Part (other than 12 Divisions 2 and 6) applies, with any necessary changes, to the 13 person as if a reference to a registered health practitioner 14 included that person. 15 139 Part applicable to persons formerly registered under 16 corresponding prior Act in certain circumstances 17 (1) This section applies if a person-- 18 (a) was registered in a health profession under a 19 corresponding prior Act; and 20 (b) is not, and has not been, registered in the health 21 profession under this Law. 22 (2) A notification may be made, and proceedings may be taken, 23 under this Part in relation to the person's behaviour while 24 registered under the corresponding prior Act as if the person 25 were registered under this Law by the National Board 26 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 29 been made under the corresponding prior Act; and 30 Page 136

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 140] (b) proceedings of that type could have been taken under 1 the corresponding prior Act. 2 (4) For the purposes of subsection (2), this Part (other than 3 Divisions 2 and 7) applies, with any necessary changes, to the 4 person as if a reference to a registered health practitioner 5 included that person. 6 Division 2 Mandatory notifications 7 140 Definition of notifiable conduct 8 In this Division-- 9 notifiable conduct, in relation to a registered health 10 practitioner, means the practitioner has-- 11 (a) practised the practitioner's profession while intoxicated 12 by alcohol or drugs; or 13 (b) engaged in sexual misconduct in connection with the 14 practice of the practitioner's profession; or 15 (c) placed the public at risk of substantial harm in the 16 practitioner's practice of the profession because the 17 practitioner has an impairment; or 18 (d) placed the public at risk of harm because the practitioner 19 has practised the profession in a way that constitutes a 20 significant departure from accepted professional 21 standards. 22 141 Mandatory notifications by health practitioners 23 (1) This section applies to a registered health practitioner (the 24 first health practitioner) who, in the course of practising the 25 first health practitioner's profession, forms a reasonable belief 26 that-- 27 (a) another registered health practitioner (the second health 28 practitioner) has behaved in a way that constitutes 29 notifiable conduct; or 30 Page 137

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 141] (b) a student has an impairment that, in the course of the 1 student undertaking clinical training, may place the 2 public at substantial risk of harm. 3 (2) The first health practitioner must, as soon as practicable after 4 forming the reasonable belief, notify the National Agency of 5 the second health practitioner's notifiable conduct or the 6 student's impairment. 7 Note. See section 237 which provides protection from civil, criminal and 8 administrative liability for persons who, in good faith, make a notification 9 under this Law. Section 237(3) provides that the making of a notification 10 does not constitute a breach of professional etiquette or ethics or a 11 departure from accepted standards of professional conduct and nor is any 12 liability for defamation incurred. 13 (3) A contravention of subsection (2) by a registered health 14 practitioner does not constitute an offence but may constitute 15 behaviour for which action may be taken under this Part. 16 (4) For the purposes of subsection (1), the first health practitioner 17 does not form the reasonable belief in the course of practising 18 the profession if-- 19 (a) the first health practitioner-- 20 (i) is employed or otherwise engaged by an insurer 21 that provides professional indemnity insurance that 22 relates to the second health practitioner or student; 23 and 24 (ii) forms the reasonable belief the second health 25 practitioner has behaved in a way that constitutes 26 notifiable conduct, or the student has an 27 impairment, as a result of a disclosure made by a 28 person to the first health practitioner in the course 29 of a legal proceeding or the provision of legal 30 advice arising from the insurance policy; or 31 (b) the first health practitioner forms the reasonable belief 32 in the course of providing advice in relation to the 33 notifiable conduct or impairment for the purposes of a 34 legal proceeding or the preparation of legal advice; or 35 (c) the first health practitioner is a legal practitioner and 36 forms the reasonable belief in the course of providing 37 Page 138

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 142] legal services to the second health practitioner or student 1 in relation to a legal proceeding or the preparation of 2 legal advice in which the notifiable conduct or 3 impairment is an issue; or 4 (d) the first health practitioner-- 5 (i) forms the reasonable belief in the course of 6 exercising functions as a member of a quality 7 assurance committee, council or other body 8 approved or authorised under an Act of a 9 participating jurisdiction; and 10 (ii) is unable to disclose the information that forms the 11 basis of the reasonable belief because a provision 12 of that Act prohibits the disclosure of the 13 information; or 14 (e) the first health practitioner knows, or reasonably 15 believes, the National Agency has been notified of the 16 notifiable conduct or impairment that forms the basis of 17 the reasonable belief. 18 142 Mandatory notifications by employers 19 (1) If an employer of a registered health practitioner reasonably 20 believes the health practitioner has behaved in a way that 21 constitutes notifiable conduct, the employer must notify the 22 National Agency of the notifiable conduct. 23 Note. See section 237 which provides protection from civil, criminal and 24 administrative liability for persons who, in good faith, make a notification 25 under this Law. Section 237(3) provides that the making of a notification 26 does not constitute a breach of professional etiquette or ethics or a 27 departure from accepted standards of professional conduct and nor is any 28 liability for defamation incurred. 29 (2) If the National Agency becomes aware that an employer of a 30 registered health practitioner has failed to notify the Agency 31 of notifiable conduct as required by subsection (1), the 32 Agency must give a written report about the failure to the 33 responsible Minister for the participating jurisdiction in which 34 the notifiable conduct occurred. 35 Page 139

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 143] (3) As soon as practicable after receiving a report under 1 subsection (2), the responsible Minister must report the 2 employer's failure to notify the Agency of the notifiable 3 conduct to a health complaints entity, the employer's licensing 4 authority or another appropriate entity in that participating 5 jurisdiction. 6 (4) In this section-- 7 employer, of a registered health practitioner, means an entity 8 that employs the health practitioner under a contract of 9 employment or a contract for services. 10 licensing authority, of an employer, means an entity that 11 under a law of a participating jurisdiction is responsible for 12 licensing, registering or authorising the employer to conduct 13 the employer's business. 14 143 Mandatory notifications by education providers 15 (1) An education provider must notify the National Agency if the 16 provider reasonably believes-- 17 (a) a student enrolled in a program of study provided by the 18 provider has an impairment that, in the course of the 19 student undertaking clinical training as part of the 20 program of study, may place the public at substantial 21 risk of harm; or 22 (b) a student for whom the education provider has arranged 23 clinical training has an impairment that, in the course of 24 the student undertaking the clinical training, may place 25 the public at substantial risk of harm; 26 Note. See section 237 which provides protection from civil, 27 criminal and administrative liability for persons who make a 28 notification under this Law. Section 237(3) provides that the 29 making of a notification does not constitute a breach of 30 professional etiquette or ethics or a departure from accepted 31 standards of professional conduct and nor is any liability for 32 defamation incurred. 33 (2) A contravention of subsection (1) does not constitute an 34 offence. 35 Page 140

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 144] (3) However, if an education provider does not comply with 1 subsection (1)-- 2 (a) the National Board that registered the student must 3 publish details of the failure on the Board's website; and 4 (b) the National Agency may, on the recommendation of the 5 National Board, include a statement about the failure in 6 the Agency's annual report. 7 Division 3 Voluntary notifications 8 144 Grounds for voluntary notification 9 (1) A voluntary notification about a registered health practitioner 10 may be made to the National Agency on any of the following 11 grounds-- 12 (a) that the practitioner's professional conduct is, or may 13 be, of a lesser standard than that which might reasonably 14 be expected of the practitioner by the public or the 15 practitioner's professional peers; 16 (b) that the knowledge, skill or judgment possessed, or care 17 exercised by, the practitioner in the practice of the 18 practitioner's health profession is, or may be, below the 19 standard reasonably expected; 20 (c) that the practitioner is not, or may not be, a suitable 21 person to hold registration in the health profession, 22 including, for example, that the practitioner is not a fit 23 and proper person to be registered in the profession; 24 (d) that the practitioner has, or may have, an impairment; 25 (e) that the practitioner has, or may have, contravened this 26 Law; 27 (f) that the practitioner has, or may have, contravened a 28 condition of the practitioner's registration or an 29 undertaking given by the practitioner to a National 30 Board; 31 Page 141

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 145] (g) that the practitioner's registration was, or may have 1 been, improperly obtained because the practitioner or 2 someone else gave the National Board information or a 3 document that was false or misleading in a material 4 particular. 5 (2) A voluntary notification about a student may be made to the 6 National Agency on the grounds that-- 7 (a) the student has been charged with an offence, or has 8 been convicted or found guilty of an offence, that is 9 punishable by 12 months imprisonment or more; or 10 (b) the student has, or may have, an impairment; or 11 (c) that the student has, or may have, contravened a 12 condition of the student's registration or an undertaking 13 given by the student to a National Board. 14 145 Who may make voluntary notification 15 Any entity that believes that a ground on which a voluntary 16 notification may be made exists in relation to a registered 17 health practitioner or a student may notify the National 18 Agency. 19 Note. See section 237 which provides protection from civil, criminal and 20 administrative liability for persons who, in good faith, make a notification 21 under this Law. 22 Division 4 Making a notification 23 146 How notification is made 24 (1) A notification may be made to the National Agency-- 25 (a) verbally, including by telephone; or 26 (b) in writing, including by email or other electronic means. 27 (2) A notification must include particulars of the basis on which it 28 is made. 29 Page 142

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 147] (3) If a notification is made verbally, the National Agency must 1 make a record of the notification. 2 147 National Agency to provide reasonable assistance to 3 notifier 4 (1) The National Agency must, if asked by an entity, give the 5 entity reasonable assistance to make a notification about a 6 registered health practitioner or student. 7 (2) Without limiting subsection (1), the National Agency may 8 assist an entity to make a notification if-- 9 (a) the entity is not able to put the entity's notification in 10 writing without assistance; or 11 (b) the entity needs assistance to clarify the nature of the 12 individual's notification. 13 Division 5 Preliminary assessment 14 148 Referral of notification to National Board or co-regulatory 15 authority 16 (1) Subject to subsections (2) and (3), the National Agency must, 17 as soon as practicable after receiving a notification about a 18 registered health practitioner or a student, refer the 19 notification to the National Board that registered the health 20 practitioner or student. 21 (2) If the behaviour that is the basis for the ground for the 22 notification occurred, or is reasonably believed to have 23 occurred, in a co-regulatory jurisdiction, the National 24 Agency-- 25 (a) must not deal with the notification; and 26 (b) must, as soon as practicable after receiving the 27 notification, refer the notification to the co-regulatory 28 authority for the co-regulatory jurisdiction. 29 Page 143

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 149] (3) If the behaviour that is the basis for the ground for the 1 notification occurred, or is reasonably believed to have 2 occurred, in more than one jurisdiction and one of the 3 jurisdictions is a co-regulatory jurisdiction, the National 4 Agency must-- 5 (a) if the registered health practitioner's principal place of 6 practice is in the co-regulatory jurisdiction, refer the 7 notification under subsection (2); or 8 (b) otherwise, refer the notification under subsection (1). 9 149 Preliminary assessment 10 (1) A National Board must, within 60 days after receipt of a 11 notification, conduct a preliminary assessment of the 12 notification and decide-- 13 (a) whether or not the notification relates to a person who is 14 a health practitioner or a student registered by the 15 Board; and 16 (b) whether or not the notification relates to a matter that is 17 a ground for notification; and 18 (c) if the notification is a notification referred to in 19 paragraphs (a) and (b), whether or not it is a notification 20 that could also be made to a health complaints entity. 21 (2) Without limiting subsection (1)(b), the National Board may 22 decide the notification relates to a matter that is a ground for 23 notification under 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 27 conduct; and 28 (ii) notifications made to a health complaints entity. 29 (3) If the National Board decides the notification relates to a 30 person who is not registered by the Board but the Board 31 reasonably suspects the person is registered by another 32 Page 144

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 150] National Board, the Board must refer the notification to that 1 other Board. 2 150 Relationship with health complaints entity 3 (1) If the subject matter of a notification would also provide a 4 ground for a complaint to a health complaints entity under a 5 law of a participating jurisdiction, the National Board that 6 received the notification must, as soon as practicable after its 7 receipt-- 8 (a) notify the health complaints entity that the Board has 9 received the notification; and 10 (b) give to the health complaints entity-- 11 (i) a copy of the notification or, if the notification was 12 not made in writing, a copy of the National 13 Agency's record of the details of the notification; 14 and 15 (ii) any other information the Board has that is relevant 16 to the notification. 17 (2) If a health complaints entity receives a complaint about a 18 health practitioner, the health complaints entity must, as soon 19 as practicable after its receipt-- 20 (a) notify the National Board established for the 21 practitioner's health profession that the health 22 complaints entity has received the complaint; and 23 (b) give to the National Board-- 24 (i) a copy of the complaint or, if the complaint was not 25 made in writing, a copy of the health complaints 26 entity's record of the details of the complaint; and 27 (ii) any other information the health complaints entity 28 has that is relevant to the complaint. 29 (3) The National Board and the health complaints entity must 30 attempt to reach agreement about how the notification or 31 complaint is to be dealt with, including-- 32 Page 145

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 150] (a) whether the Board is to deal with the notification or 1 complaint, or part of the notification or complaint, or to 2 decide to take no further action in relation to it; and 3 (b) if the Board is to deal with the notification or complaint 4 or part of the notification or complaint, the action the 5 Board is to take. 6 (4) If the National Board and the health complaints entity are not 7 able to reach agreement on how the notification or complaint, 8 or part of the notification or complaint, is to be dealt with, the 9 most serious action proposed by either must be taken. 10 (5) If an investigation, conciliation or other action taken by a 11 health complaints entity raises issues about the health, 12 conduct or performance of a registered health practitioner, the 13 health complaints entity must give the National Board that 14 registered the practitioner written notice of the issues. 15 (6) If a notification, or part of a notification, received by a 16 National Board is referred to a health complaints entity, the 17 Board may decide to take no further action in relation to the 18 notification or the part of the notification until the entity gives 19 the Board written notice that the entity has finished dealing 20 with it. 21 (7) If a National Board or an adjudication body takes health, 22 conduct or performance action in relation to a registered 23 health practitioner, the Board that registered the practitioner 24 must give written notice of the action to the health complaints 25 entity for the participating jurisdiction in which the behaviour 26 that provided the basis for the action occurred. 27 (8) A written notice under subsection (5) or (7) must include-- 28 (a) sufficient particulars to identify the registered health 29 practitioner; and 30 (b) details of-- 31 (i) the issues raised about the health, conduct or 32 performance of the registered health practitioner; 33 or 34 Page 146

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 151] (ii) the health, conduct or performance action taken in 1 relation to the registered health practitioner. 2 151 When National Board may decide to take no further 3 action 4 (1) A National Board may decide to take no further action in 5 relation to a notification if-- 6 (a) the Board reasonably believes the notification is 7 frivolous, vexatious, misconceived or lacking in 8 substance; or 9 (b) given the amount of time that has elapsed since the 10 matter the subject of the notification occurred, it is not 11 practicable for the Board to investigate or otherwise deal 12 with the notification; or 13 (c) the person to whom the notification relates has not been, 14 or is no longer, registered by the Board and it is not in 15 the public interest for the Board to investigate or 16 otherwise deal with the notification; or 17 (d) the subject matter of the notification has already been 18 dealt with adequately by the Board; or 19 (e) the subject matter of the notification is being dealt with, 20 or has already been dealt with, adequately by another 21 entity. 22 (2) A decision by a National Board to decide to take no further 23 action in relation to a notification does not prevent a National 24 Board or adjudication body taking the notification into 25 consideration at a later time as part of a pattern of conduct or 26 practice by the health practitioner. 27 (3) If a National Board decides to take no further action in 28 relation to a notification it must give written notice of the 29 decision to the notifier. 30 (4) A notice under subsection (3) must state-- 31 (a) that the National Board has decided to take no further 32 action in relation to the notification; and 33 Page 147

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 152] (b) the reason the Board has decided to take no further 1 action. 2 152 National Board to give notice of receipt of notification 3 (1) A National Board must, as soon as practicable after receiving 4 a notification about a registered health practitioner or student, 5 give written notice of the notification to the practitioner or 6 student. 7 (2) The notice must advise the registered health practitioner or 8 student of the nature of the notification. 9 (3) Despite subsection (1), the National Board is not required to 10 give the registered health practitioner or student notice of the 11 notification if the Board reasonably believes doing so 12 would-- 13 (a) prejudice an investigation of the notification; or 14 (b) place at risk a person's health or safety or place a person 15 at risk of intimidation or harassment. 16 Division 6 Other matters 17 153 National Board may deal with notifications about same 18 person together 19 If the National Agency receives more than one notification 20 about a registered health practitioner or student, the National 21 Board established for the health profession in which the 22 practitioner or student is registered may deal with the 23 notifications together. 24 154 National Boards may deal with notifications 25 collaboratively 26 (1) This section applies if a notification received by a National 27 Board relates to-- 28 Page 148

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 155] (a) a registered health practitioner who is registered in more 1 than one health profession; or 2 (b) more than one registered health practitioner and the 3 practitioners are registered in 2 or more different health 4 professions; or 5 (c) a person who is registered as a student in more than one 6 health profession; or 7 (d) more than one student and the students are registered in 8 2 or more different health professions. 9 (2) The National Board may deal with the notification in 10 conjunction with one or more other National Boards with 11 whom the registered health practitioner or practitioners, or 12 student or students, are registered. 13 Division 7 Immediate action 14 155 Definition 15 In this Division-- 16 immediate action, in relation to a registered health 17 practitioner or student, means-- 18 (a) the suspension, or imposition of a condition on, the 19 health practitioner's or student's registration; or 20 (b) accepting an undertaking from the health practitioner or 21 student; or 22 (c) accepting the surrender of the health practitioner's or 23 student's registration. 24 156 Power to take immediate action 25 (1) A National Board may take immediate action in relation to a 26 registered health practitioner or student registered by the 27 Board if-- 28 (a) the National Board reasonably believes that-- 29 Page 149

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 156] (i) because of the registered health practitioner's 1 conduct, performance or health, the practitioner 2 poses a serious risk to persons; and 3 (ii) it is necessary to take immediate action to protect 4 public health or safety; or 5 (b) the National Board reasonably believes that-- 6 (i) the student poses a serious risk to persons because 7 the student-- 8 (A) has been charged with an offence, or has 9 been convicted or found guilty of an offence, 10 that is punishable by 12 months 11 imprisonment or more; or 12 (B) has, or may have, an impairment; or 13 (C) has, or may have, contravened a condition of 14 the student's registration or an undertaking 15 given by the student to a National Board; and 16 (ii) it is necessary to take immediate action to protect 17 public health or safety; or 18 (c) the registered health practitioner's registration was 19 improperly obtained because the practitioner or 20 someone else gave the National Board information or a 21 document that was false or misleading in a material 22 particular; or 23 (d) the registered health practitioner's or student's 24 registration has been cancelled or suspended under the 25 law of a jurisdiction, whether in Australia or elsewhere, 26 that is not a participating jurisdiction. 27 (2) However, the National Board may take immediate action that 28 consists of suspending, or imposing a condition on, the health 29 practitioner's or student's registration only if the Board has 30 complied with section 157. 31 Page 150

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 157] 157 Show cause process 1 (1) If a National Board is proposing to take immediate action that 2 consists of suspending, or imposing a condition on, a 3 registered health practitioner's or student's registration under 4 section 156, the Board must-- 5 (a) give the practitioner or student notice of the proposed 6 immediate action; and 7 (b) invite the practitioner or student to make a submission to 8 the Board, within the time stated in the notice about the 9 proposed immediate action. 10 (2) A notice given to a registered health practitioner or student 11 under subsection (1), and any submissions made by the 12 practitioner or student in accordance with the notice, may be 13 written or verbal. 14 (3) The National Board must have regard to any submissions 15 made by the registered health practitioner or student in 16 accordance with this section in deciding whether to take 17 immediate action in relation to the practitioner or student. 18 158 Notice to be given to registered health practitioner or 19 student about immediate action 20 (1) Immediately after deciding to take immediate action in 21 relation to a registered health practitioner or student, the 22 National Board must-- 23 (a) give written notice of the Board's decision to the health 24 practitioner or student; and 25 (b) take the further action under this Part the Board 26 considers appropriate, including, for example, 27 investigating the practitioner or student or requiring the 28 practitioner or student to undergo a health or 29 performance assessment. 30 (2) The notice must state-- 31 (a) the immediate action the National Board has decided to 32 take; and 33 Page 151

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 159] (b) the reasons for the decision to take the immediate 1 action; and 2 (c) the further action the National Board proposes to take 3 under this Part in relation to the health practitioner or 4 student; and 5 (d) that the registered health practitioner or student may 6 appeal against the decision to take the immediate action 7 if the action is to suspend, or impose a condition on, the 8 practitioner's or student's registration; and 9 (e) how an application for appeal may be made and the 10 period within which the application must be made. 11 159 Period of immediate action 12 (1) The decision by the National Board to take immediate action 13 in relation to the registered health practitioner or student takes 14 effect on-- 15 (a) the day the notice is given to the practitioner or student; 16 or 17 (b) the later day stated in the notice. 18 (2) The decision continues to have effect until the earlier of the 19 following occurs-- 20 (a) the decision is set aside on appeal; 21 (b) for the suspension of, or imposition of conditions on, the 22 registered health practitioner's or student's registration, 23 the suspension is revoked, or the conditions are 24 removed, by the National Board; or 25 (c) for an undertaking, the National Board and the 26 registered health practitioner or student agree to end the 27 undertaking. 28 Page 152

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 160] Division 8 Investigations 1 Subdivision 1 Preliminary 2 160 When investigation may be conducted 3 (1) A National Board may investigate a registered health 4 practitioner or student registered by the Board if it decides it is 5 necessary or appropriate-- 6 (a) because the Board has received a notification about the 7 practitioner or student; or 8 (b) because the Board for any other reason believes-- 9 (i) the practitioner or student has or may have an 10 impairment; or 11 (ii) for a practitioner-- 12 (A) the way the practitioner practises the 13 profession is or may be unsatisfactory; or 14 (B) the practitioner's conduct is or may be 15 unsatisfactory; or 16 (c) to ensure the practitioner or student-- 17 (i) is complying with conditions imposed on the 18 practitioner's or student's registration; or 19 (ii) an undertaking given by the practitioner or student 20 to the Board. 21 (2) If a National Board decides to investigate a registered health 22 practitioner or student it must direct an appropriate 23 investigator to conduct the investigation. 24 161 Registered health practitioner or student to be given 25 notice of investigation 26 (1) A National Board that decides to investigate a registered 27 health practitioner or student must, within as soon as 28 Page 153

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 162] practicable after making the decision, give the practitioner or 1 student written notice about the investigation. 2 (2) The notice must advise the registered health practitioner or 3 student of the nature of the matter being investigated. 4 (3) Also, the National Board must, at not less than 3 monthly 5 intervals, give the written notice of the progress of the 6 investigation to-- 7 (a) the registered health practitioner or student; and 8 (b) if the investigation relates to a notification made about 9 the registered health practitioner or student, the notifier. 10 (4) However, the National Board need not give the registered 11 health practitioner or student a notice under subsection (1) or 12 (3) if the Board reasonably believes giving the notice may-- 13 (a) seriously prejudice the investigation; or 14 (b) place at risk a person's health or safety; or 15 (c) place a person at risk of harassment or intimidation. 16 162 Investigation to be conducted in timely way 17 The National Board must ensure an investigator it directs to 18 conduct an investigation conducts the investigation as quickly 19 as practicable, having regard to the nature of the matter to be 20 investigated. 21 Subdivision 2 Investigators 22 163 Appointment of investigators 23 (1) A National Board may appoint the following persons as 24 investigators-- 25 (a) members of the National Agency's staff; 26 (b) contractors engaged by the National Agency. 27 Page 154

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 164] (2) An investigator holds office on the conditions stated in the 1 instrument of appointment. 2 (3) If an investigator's appointment provides for a term of 3 appointment, the investigator ceases holding office at the end 4 of the term. 5 (4) An investigator may resign by signed notice of resignation 6 given to the National Board which appointed the investigator. 7 (5) Schedule 5 sets out provisions relating to the powers of an 8 investigator. 9 164 Identity card 10 (1) A National Board must give an identity card to each 11 investigator it appoints. 12 (2) The identity card must-- 13 (a) contain a recent photograph of the investigator; and 14 (b) be signed by the investigator; and 15 (c) identify the person as an investigator appointed by the 16 National Board; and 17 (d) include an expiry date. 18 (3) This section does not prevent the issue of a single identity 19 card to a person-- 20 (a) if the person is appointed as an investigator for this Law 21 by more than one National Board; or 22 (b) for this Law and other Acts. 23 (4) A person who ceases to be an investigator must give the 24 person's identity card to the National Board that appointed the 25 person within 7 days after the person ceases to be an 26 investigator, unless the person has a reasonable excuse. 27 165 Display of identity card 28 (1) An investigator may exercise a power in relation to someone 29 else (the other person) only if the investigator-- 30 Page 155

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 166] (a) first produces the investigator's identity card for the 1 other person's inspection; or 2 (b) has the identity card displayed so it is clearly visible to 3 the other person. 4 (2) However, if for any reason it is not practicable to comply with 5 subsection (1) before exercising the power, the investigator 6 must produce the identity card for the other person's 7 inspection at the first reasonable opportunity. 8 Subdivision 3 Procedure after investigation 9 166 Investigator's report about investigation 10 (1) As soon as practicable after completing an investigation under 11 this Division, an investigator must give a written report about 12 the investigation to the National Board that directed the 13 investigator to carry out the investigation. 14 (2) The report must include-- 15 (a) the investigator's findings about the investigation; and 16 (b) the investigator's recommendations about any action to 17 be taken in relation to the health practitioner or student 18 the subject of the investigation. 19 167 Decision by National Board 20 After considering the investigator's report, the National Board 21 must decide-- 22 (a) to take no further action in relation to the matter; or 23 (b) to do either or both of the following-- 24 (i) take the action the Board considers necessary or 25 appropriate under another Division; 26 (ii) refer the matter to another entity, including, for 27 example, a health complaints entity, for 28 investigation or other action. 29 Page 156

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 168] Division 9 Health and performance 1 assessments 2 168 Definition 3 In this Division-- 4 assessment means-- 5 (a) a health assessment; or 6 (b) a performance assessment. 7 169 Requirement for health assessment 8 A National Board may require a registered health practitioner 9 or student to undergo a health assessment if the Board 10 reasonably believes, because of a notification or for any other 11 reason, that the practitioner or student has, or may have, an 12 impairment. 13 170 Requirement for performance assessment 14 A National Board may require a registered health practitioner 15 to undergo a performance assessment if the Board reasonably 16 believes, because of a notification or for any other reason, that 17 the way the practitioner practises the profession is or may be 18 unsatisfactory. 19 171 Appointment of assessor to carry out assessment 20 (1) If the National Board requires a registered health practitioner 21 or student to undergo an assessment, the National Agency 22 must appoint an assessor chosen by the Board to carry out the 23 assessment. 24 (2) The assessor must be-- 25 (a) for a health assessment, a medical practitioner or 26 psychologist who is not a member of the National 27 Board; or 28 Page 157

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 172] (b) for a performance assessment, a registered health 1 practitioner who is a member of the health profession 2 for which the National Board is established but is not a 3 member of the Board. 4 (3) The assessor may ask another health practitioner to assist the 5 assessor in carrying out the assessment of the registered health 6 practitioner or student. 7 (4) The assessor's fee for carrying out the assessment is to be paid 8 out of the National Board's budget. 9 172 Notice to be given to registered health practitioner or 10 student about assessment 11 (1) A requirement by a National Board for a registered health 12 practitioner or student to undergo an assessment must be 13 made by written notice given to the practitioner or student. 14 (2) The written notice must state-- 15 (a) that the registered health practitioner or student is 16 required to undergo a health assessment or performance 17 assessment; and 18 (b) the nature of the assessment to be carried out; and 19 (c) the name and qualifications of the registered health 20 practitioner who is to carry out the assessment; and 21 (d) that if the registered health practitioner or student does 22 not undergo the assessment the National Board may 23 continue to take proceedings in relation to the 24 practitioner or student under this Part. 25 173 Assessor may require information or attendance 26 For the purposes of conducting an assessment of a registered 27 health practitioner or student, an assessor may, by written 28 notice given to the practitioner or student, require the 29 practitioner or student to-- 30 (a) give stated information to the assessor within a stated 31 reasonable time and in a stated reasonable way; or 32 Page 158

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 174] (b) attend before the assessor at a stated time and a stated 1 place to undergo the assessment. 2 Example of stated place. 3 the registered health practitioner's principal place of practice 4 174 Inspection of documents 5 (1) If a document is produced to an assessor, the assessor may-- 6 (a) inspect the document; and 7 (b) make a copy of, or take an extract from, the document; 8 and 9 (c) keep the document while it is necessary for the 10 assessment. 11 (2) If the assessor keeps the document, the assessor must permit a 12 person otherwise entitled to possession of the document to 13 inspect, make a copy of, or take an extract from, the document 14 at the reasonable time and place decided by the assessor. 15 175 Report from assessor 16 The assessor must, as soon as practicable after carrying out 17 the assessment, give to the National Board a report about the 18 assessment. 19 176 Copy of report to be given to health practitioner or 20 student 21 (1) The National Board must, as soon as practicable after 22 receiving the assessor's report, give a copy of the report to-- 23 (a) the registered health practitioner or student to whom it 24 relates; or 25 (b) if the report contains information the Board considers 26 may, if disclosed to the practitioner or student, be 27 prejudicial to the practitioner's or student's physical or 28 mental health or wellbeing, to a medical practitioner or 29 psychologist nominated by the practitioner or student. 30 Page 159

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 177] (2) If a medical practitioner or psychologist is given a copy of a 1 report about a registered health practitioner or student under 2 subsection (1)(b), the medical practitioner or psychologist 3 must give a copy of the report to the practitioner or student as 4 soon as it will no longer be prejudicial to the practitioner's or 5 student's health or wellbeing. 6 (3) After the registered health practitioner or student has been 7 given a copy of the report under subsection (1)(a) or (2), a 8 person nominated by the Board must-- 9 (a) discuss the report with the practitioner or student; and 10 (b) if the report makes an adverse finding about the 11 practitioner's practice of the profession or states that the 12 assessor finds the practitioner has an impairment, 13 discuss with the practitioner ways of dealing with the 14 finding, including, for a practitioner, whether the 15 practitioner is prepared to alter the way the practitioner 16 practises the health profession. 17 177 Decision by National Board 18 After considering the assessor's report and the discussions 19 held with the registered health practitioner or student under 20 section 176(3), the National Board may decide to-- 21 (a) take the action the Board considers necessary or 22 appropriate under another Division; or 23 (b) refer the matter to another entity, including, for 24 example, a health complaints entity, for investigation or 25 other action; or 26 (c) take no further action in relation to the matter. 27 Division 10 Action by National Board 28 178 National Board may take action 29 (1) This section applies if-- 30 Page 160

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 178] (a) a National Board reasonably believes, because of a 1 notification or for any other reason-- 2 (i) the way a registered health practitioner registered 3 by the Board practises the health profession, or the 4 practitioner's professional conduct, is or may be 5 unsatisfactory; or 6 (ii) a registered health practitioner or student 7 registered by the Board has or may have an 8 impairment; or 9 (iii) a student has been charged with an offence, or has 10 been convicted or found guilty of an offence, that 11 is punishable by 12 months imprisonment or more; 12 or 13 (iv) a student has or may have contravened a condition 14 of the student's registration or an undertaking 15 given by the student to a National Board; and 16 (b) the matter is not required to be referred to a responsible 17 tribunal under section 193; and 18 (c) the Board decides it is not necessary or appropriate to 19 refer the matter to a panel. 20 (2) The National Board may decide to take one or more of the 21 following actions (relevant action) in relation to the registered 22 health practitioner or student-- 23 (a) caution the registered health practitioner or student; 24 (b) accept an undertaking from the registered health 25 practitioner or student; 26 (c) impose conditions on the practitioner's or student's 27 registration, including, for example, in relation to a 28 practitioner-- 29 (i) a condition requiring the practitioner to complete 30 specified further education or training within a 31 specified period; or 32 (ii) a condition requiring the practitioner to undertake 33 a specified period of supervised practice; or 34 Page 161

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 179] (iii) a condition requiring the practitioner to do, or 1 refrain from doing, something in connection with 2 the practitioner's practice; or 3 (iv) a condition requiring the practitioner to manage the 4 practitioner's practice in a specified way; or 5 (v) a condition requiring the practitioner to report to a 6 specified person at specified times about the 7 practitioner's practice; or 8 (vi) a condition requiring the practitioner not to 9 employ, engage or recommend a specified person, 10 or class of persons; 11 (d) refer the matter to another entity, including, for 12 example, a health complaints entity, for investigation or 13 other action. 14 (3) If the National Board decides to impose a condition on the 15 registered health practitioner's or student's registration, the 16 Board must also decide a review period for the condition. 17 179 Show cause process 18 (1) If a National Board is proposing to take relevant action in 19 relation to a registered health practitioner or student, the 20 Board must-- 21 (a) give the practitioner or student written notice of the 22 proposed relevant action; and 23 (b) invite the practitioner or student to make a written or 24 verbal submission to the Board, within the reasonable 25 time stated in the notice, about the proposed relevant 26 action. 27 (2) After considering any submissions made by the registered 28 health practitioner or student in accordance with this section, 29 the National Board must decide to-- 30 (a) take no action in relation to the matter; or 31 (b) do either or both of the following-- 32 Page 162

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 180] (i) take the proposed relevant action or other relevant 1 action; 2 (ii) refer the matter to another entity, including, for 3 example, a health complaints entity, for 4 investigation or other action. 5 (3) This section does not apply if-- 6 (a) a National Board is proposing to take relevant action in 7 relation to a registered health practitioner or student; and 8 (b) the National Board has, in relation to the matter that 9 forms the basis for the relevant action-- 10 (i) investigated the registered health practitioner or 11 student under Division 8; or 12 (ii) conducted a health assessment or performance 13 assessment of the registered health practitioner or 14 student under Division 9. 15 180 Notice to be given to health practitioner or student and 16 notifier 17 (1) As soon as practicable after making a decision under section 18 179(2), the National Board must give written notice of the 19 decision to-- 20 (a) the registered health practitioner or student; and 21 (b) if the decision was the result of a notification, the 22 notifier. 23 (2) The notice given to the notifier must include information 24 about the decision made by the Board only to the extent the 25 information is available on the National Board's register. 26 Division 11 Panels 27 181 Establishment of health panel 28 (1) A National Board may establish a health panel if-- 29 Page 163

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 181] (a) the Board reasonably believes, because of a notification 1 or for any other reason, that a registered health 2 practitioner or student has or may have an impairment; 3 and 4 (b) the Board decides it is necessary or appropriate for the 5 matter to be referred to a panel. 6 (2) A health panel must consist of the following members chosen 7 from a list referred to in section 183-- 8 (a) at least one member who is a registered health 9 practitioner in the health profession for which the Board 10 is established; 11 (b) at least one member who is a medical practitioner with 12 expertise relevant to the matter the subject of the 13 hearing; 14 (c) at least one member who is not, and has not been, a 15 registered health practitioner in the health profession for 16 which the Board has been established. 17 (3) In choosing members of the panel, the National Board must, if 18 possible, choose a member from the jurisdiction in which the 19 matter the subject of the hearing occurred. 20 (4) No more than half of the members of the panel may be 21 registered health practitioners in the health profession for 22 which the Board is established. 23 (5) However, if the registered health practitioner the subject of the 24 hearing is a medical practitioner, a member of the panel 25 referred to in subsection (2)(b) is not to be considered to be 26 registered in the health profession for which the Board is 27 established for the purposes of subsection (4). 28 (6) A person cannot be appointed to the panel if the person has 29 been involved in any proceedings relating to the matter the 30 subject of the hearing by the panel. 31 Page 164

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 182] 182 Establishment of performance and professional 1 standards panel 2 (1) A National Board may establish a performance and 3 professional standards panel if-- 4 (a) the Board reasonably believes, because of a notification 5 or for any other reason, that-- 6 (i) the way a registered health practitioner practises 7 the health profession is or may be unsatisfactory; 8 or 9 (ii) the registered health practitioner's professional 10 conduct is or may be unsatisfactory; and 11 (b) the Board decides it is necessary or appropriate for the 12 matter to be referred to a panel. 13 (2) A performance and professional standards panel must consist 14 of at least 3 members. 15 (3) In choosing members of the panel, the National Board must, if 16 possible, choose a member from the jurisdiction in which the 17 matter the subject of the hearing occurred. 18 (4) At least half, but no more than two-thirds, of the members of 19 the panel must be persons who are registered health 20 practitioners in the health profession for which the Board is 21 established, and chosen from a list approved under section 22 183. 23 (5) At least one member must be a person who represents the 24 community and chosen from a list approved under section 25 183. 26 (6) A person may not be appointed to the panel if the person has 27 been involved in any proceedings relating to the matter the 28 subject of the hearing by the panel. 29 183 List of approved persons for appointment to panels 30 (1) A National Board may appoint individuals to a list of persons 31 approved to be appointed as members of panels. 32 Page 165

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 184] (2) To the extent practicable, individuals appointed under 1 subsection (1) should not-- 2 (a) for registered health practitioners, be individuals whose 3 principal place of practice is in a co-regulatory 4 jurisdiction; or 5 (b) otherwise, be individuals who live in a co-regulatory 6 jurisdiction. 7 184 Notice to be given to registered health practitioner or 8 student 9 (1) A panel must give notice of its hearing of a matter to the 10 registered health practitioner or student the subject of the 11 hearing. 12 (2) The notice must state-- 13 (a) the day, time and place at which the hearing is to be 14 held; and 15 (b) the nature of the hearing and the matters to be 16 considered at the hearing; and 17 (c) that the registered health practitioner or student is 18 required to attend the hearing; and 19 (d) that the registered health practitioner may be 20 accompanied at the hearing by an Australian legal 21 practitioner or other person; and 22 (e) that if the registered health practitioner or student fails 23 to attend the hearing the hearing may continue, and the 24 panel may make a decision, in the practitioner's or 25 student's absence; and 26 (f) the types of decision the panel may make at the end of 27 the hearing. 28 185 Procedure of panel 29 (1) Subject to this Division, a panel may decide its own 30 procedures. 31 Page 166

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 186] (2) A panel is required to observe the principles of natural justice 1 but is not bound by the rules of evidence. 2 (3) A panel may have regard to-- 3 (a) a report prepared by an assessor about the registered 4 health practitioner or student; and 5 (b) any other information the panel considers relevant to the 6 hearing of the matter. 7 186 Legal representation 8 (1) At a hearing of a panel, the registered health practitioner or 9 student the subject of the hearing may be accompanied by an 10 Australian legal practitioner or another person. 11 (2) An Australian legal practitioner or other person 12 accompanying the registered health practitioner or student 13 may appear on behalf of the practitioner or student only with 14 the leave of the panel. 15 (3) The panel may grant leave for an Australian legal practitioner 16 or other person to appear on behalf of the registered health 17 practitioner or student only if the panel considers it 18 appropriate in the particular circumstances of the hearing. 19 187 Submission by notifier 20 If a matter the subject of a hearing before a panel relates to a 21 notification, the notifier may, with the leave of the panel, 22 make a submission to the panel about the matter. 23 188 Panel may proceed in absence of registered health 24 practitioner or student 25 At a hearing, a panel may proceed in the absence of the 26 registered health practitioner or student the subject of the 27 proceedings if the panel reasonably believes the practitioner 28 or student has been given notice of the hearing. 29 Page 167

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 189] 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 4 Board that established the panel to refer the matter to a 5 responsible tribunal under section 193 if, at any time-- 6 (a) the practitioner or student the subject of the hearing asks 7 the panel for the matter to be referred to a responsible 8 tribunal under section 193; or 9 (b) if the subject of the hearing is a registered health 10 practitioner-- 11 (i) the panel reasonably believes the evidence 12 demonstrates the practitioner may have behaved in 13 a way that constitutes professional misconduct; or 14 (ii) the panel reasonably believes the evidence 15 demonstrates the practitioner's registration may 16 have been improperly obtained because the 17 practitioner or someone else gave the Board 18 information or a document that was false or 19 misleading in a material particular. 20 191 Decision of panel 21 (1) After hearing a matter about a registered health practitioner, a 22 panel may decide-- 23 (a) the practitioner has no case to answer and no further 24 action is to be taken in relation to the matter; or 25 (b) one or more of the following-- 26 (i) the practitioner has behaved in a way that 27 constitutes unsatisfactory professional 28 performance; 29 (ii) the practitioner has behaved in a way that 30 constitutes unprofessional conduct; 31 Page 168

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 191] (iii) the practitioner has an impairment; 1 (iv) the matter must be referred to a responsible 2 tribunal under section 193; 3 (v) the matter must be referred to another entity, 4 including, for example, a health complaints entity, 5 for investigation or other action. 6 (2) After hearing a matter about a student, a health panel may 7 decide-- 8 (a) the student has an impairment; or 9 (b) the matter must be referred to another entity, including, 10 for example, a health complaints entity, for investigation 11 or other action; or 12 (c) the student has no case to answer and no further action 13 is to be taken in relation to the matter. 14 (3) If a panel decides a registered health practitioner or student 15 has an impairment, or that a practitioner has behaved in a way 16 that constitutes unsatisfactory professional performance or 17 unprofessional conduct, the panel may decide to do one or 18 more of the following-- 19 (a) impose conditions on the practitioner's or student's 20 registration, including, for example, in relation to a 21 practitioner-- 22 (i) a condition requiring the practitioner to complete 23 specified further education or training within a 24 specified period; or 25 (ii) a condition requiring the practitioner to undertake 26 a specified period of supervised practice; or 27 (iii) a condition requiring the practitioner to do, or 28 refrain from doing, something in connection with 29 the practitioner's practice; or 30 (iv) a condition requiring the practitioner to manage the 31 practitioner's practice in a specified way; or 32 Page 169

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 192] (v) a condition requiring the practitioner to report to a 1 specified person at specified times about the 2 practitioner's practice; or 3 (vi) a condition requiring the practitioner not to 4 employ, engage or recommend a specified person, 5 or class of persons; 6 (b) for a health panel, suspend the practitioner's or student's 7 registration; 8 (c) for a performance and professional standards panel, 9 caution or reprimand the practitioner. 10 (4) If a panel decides to impose a condition on a registered health 11 practitioner's or student's registration, the panel must also 12 decide a review period for the condition. 13 (5) A decision by a panel that a registered health practitioner has 14 no case to answer in relation to a matter does not prevent a 15 National Board or adjudication body taking the matter into 16 consideration at a later time as part of a pattern of conduct or 17 practice by the health practitioner. 18 192 Notice to be given about panel's decision 19 (1) As soon as practicable after making a decision under section 20 191, a panel must give notice of its decision to the National 21 Board that established it. 22 (2) The National Board must, within 30 days after the panel 23 makes its decision, give written notice of the decision to-- 24 (a) the registered health practitioner or student the subject 25 of the hearing; and 26 (b) if the hearing related to a notification, the notifier. 27 (3) The notice given to the registered health practitioner or 28 student must state-- 29 (a) the decision made by the panel; and 30 (b) the reasons for the decision; and 31 Page 170

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 193] (c) that the registered health practitioner or student may 1 appeal against the decision; and 2 (d) how an application for appeal may be made and the 3 period within which the application must be made. 4 (4) The notice to the notifier must include information about the 5 decision made by the panel but only to the extent the 6 information is available on the National Board's register. 7 Division 12 Referring matter to responsible 8 tribunals 9 193 Matters to be referred to responsible tribunal 10 (1) A National Board must refer a matter about a registered health 11 practitioner or student to a responsible tribunal if-- 12 (a) for a registered health practitioner, the Board reasonably 13 believes, based on a notification or for any other 14 reason-- 15 (i) the practitioner has behaved in a way that 16 constitutes professional misconduct; or 17 (ii) the practitioner's registration was improperly 18 obtained because the practitioner or someone else 19 gave the Board information or a document that was 20 false or misleading in a material particular; or 21 (b) for a registered health practitioner or student, a panel 22 established by the Board requires the Board to refer the 23 matter to a responsible tribunal. 24 (2) The National Board must-- 25 (a) refer the matter to-- 26 (i) the responsible tribunal for the participating 27 jurisdiction in which the behaviour the subject of 28 the matter occurred; or 29 (ii) if the behaviour occurred in more than one 30 jurisdiction, the responsible tribunal for the 31 Page 171

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 194] participating jurisdiction in which the 1 practitioner's principal place of practice is located; 2 and 3 (b) give written notice of the referral to the registered health 4 practitioner or student to whom the matter relates. 5 194 Parties to the proceedings 6 The parties to proceedings relating to a matter being heard by 7 a responsible tribunal are-- 8 (a) the registered health practitioner or student who is the 9 subject of the proceedings; and 10 (b) the National Board that referred the matter to the 11 tribunal. 12 195 Costs 13 The responsible tribunal may make any order about costs it 14 considers appropriate for the proceedings. 15 196 Decision by responsible tribunal about registered health 16 practitioner 17 (1) After hearing a matter about a registered health practitioner, a 18 responsible tribunal may decide-- 19 (a) the practitioner has no case to answer and no further 20 action is to be taken in relation to the matter; or 21 (b) one or more of the following-- 22 (i) the practitioner has behaved in a way that 23 constitutes unsatisfactory professional 24 performance; 25 (ii) the practitioner has behaved in a way that 26 constitutes unprofessional conduct; 27 (iii) the practitioner has behaved in a way that 28 constitutes professional misconduct; 29 Page 172

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 196] (iv) the practitioner has an impairment; 1 (v) the practitioner's registration was improperly 2 obtained because the practitioner or someone else 3 gave the National Board that registered the 4 practitioner information or a document that was 5 false or misleading in a material particular; or 6 (2) If a responsible tribunal makes a decision referred to in 7 subsection (1)(b), the tribunal may decide to do one or more 8 of the following-- 9 (a) caution or reprimand the practitioner; 10 (b) impose a condition on the practitioner's registration, 11 including, for example-- 12 (i) a condition requiring the practitioner to complete 13 specified further education or training, or to 14 undergo counselling, within a specified period; or 15 (ii) a condition requiring the practitioner to undertake 16 a specified period of supervised practice; or 17 (iii) a condition requiring the practitioner to do, or 18 refrain from doing, something in connection with 19 the practitioner's practice; or 20 (iv) a condition requiring the practitioner to manage the 21 practitioner's practice in a specified way; or 22 (v) a condition requiring the practitioner to report to a 23 specified person at specified times about the 24 practitioner's practice; or 25 (vi) a condition requiring the practitioner not to 26 employ, engage or recommend a specified person, 27 or class of persons, 28 (c) require the practitioner to pay a fine of not more than 29 $30,000 to the National Board that registers the 30 practitioner; 31 (d) suspend the practitioner's registration for a specified 32 period; 33 (e) cancel the practitioner's registration. 34 Page 173

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 197] (3) If the responsible tribunal decides to impose a condition on 1 the practitioner's registration, the tribunal must also decide a 2 review period for the condition. 3 (4) If the tribunal decides to cancel a person's registration under 4 this Law or the person does not hold registration under this 5 Law, the tribunal may also decide to-- 6 (a) disqualify the person from applying for registration as a 7 registered health practitioner for a specified period; or 8 (b) prohibit the person from using a specified title or 9 providing a specified health service. 10 197 Decision by responsible tribunal about student 11 (1) After hearing a matter about a student, a responsible tribunal 12 may decide-- 13 (a) the student has an impairment; or 14 (b) the student has no case to answer and no further action 15 is to be taken in relation to the matter. 16 (2) If the responsible tribunal decides the student has an 17 impairment, the tribunal may decide-- 18 (a) impose a condition on the student's registration; or 19 (b) suspend the student's registration. 20 198 Relationship with Act establishing responsible tribunal 21 This Division applies despite any provision to the contrary of 22 the Act that establishes the responsible tribunal but does not 23 otherwise limit that Act. 24 Division 13 Appeals 25 199 Appellable decisions 26 (1) A person who is the subject of any of the following decisions 27 (an appellable decision) may appeal against the decision to 28 Page 174

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 199] the appropriate responsible tribunal for the appellable 1 decision-- 2 (a) a decision by a National Board to refuse to register the 3 person; 4 (b) a decision by a National Board to refuse to endorse the 5 person's registration; 6 (c) a decision by a National Board to refuse to renew the 7 person's registration; 8 (d) a decision by a National Board to refuse to renew the 9 endorsement of the person's registration; 10 (e) a decision by a National Board to impose or change a 11 condition on a person's registration or the endorsement 12 of the person's registration, other than-- 13 (i) a condition relating to the person's qualification for 14 general registration in the health profession; and 15 (ii) a condition imposed by section 112(3)(a); 16 (f) a decision by a National Board to refuse to change or 17 remove a condition imposed on the person's registration 18 or the endorsement of the person's registration; 19 (g) a decision by a National Board to refuse to change or 20 revoke an undertaking given by the person to the Board; 21 (h) a decision by a National Board to suspend the person's 22 registration; 23 (i) a decision by a panel to impose a condition on the 24 person's registration; 25 (j) a decision by a health panel to suspend the person's 26 registration; 27 (k) a decision by a performance and professional standards 28 panel to reprimand the person. 29 (2) For the purposes of subsection (1), the appropriate responsible 30 tribunal for an appellable decision is-- 31 Page 175

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 200] (a) for a decision to take health, conduct or performance 1 action in relation to a registered health practitioner or 2 student-- 3 (i) the responsible tribunal for the participating 4 jurisdiction in which the behaviour the subject of 5 the decision occurred; or 6 (ii) if the behaviour the subject of the decision 7 occurred in more than one jurisdiction, the 8 responsible tribunal for the participating 9 jurisdiction in which the practitioner's principal 10 place of practice is located; or 11 (b) for another decision in relation to a registered health 12 practitioner, the responsible tribunal for the participating 13 jurisdiction in which the practitioner's principal place of 14 practice is located; or 15 (c) for another decision in relation to a student, the 16 responsible tribunal for the participating jurisdiction in 17 which the student is undertaking the approved program 18 of study or clinical training; or 19 (d) for a decision in relation to another person-- 20 (i) the responsible tribunal for the participating 21 jurisdiction in which the person lives, or 22 (ii) if the person does not live in a participating 23 jurisdiction, the responsible tribunal for the 24 participating jurisdiction nominated by the 25 National Board that made the appellable decision 26 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 30 being heard by a responsible tribunal are-- 31 (a) the person who is the subject of the appellable decision; 32 and 33 Page 176

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 201] (b) the National Board that-- 1 (i) made the appellable decision; or 2 (ii) established the panel that made the appellable 3 decision. 4 201 Costs 5 The responsible tribunal may make any order about costs it 6 considers appropriate for the proceedings. 7 202 Decision 8 (1) After hearing the matter, the responsible tribunal may-- 9 (a) confirm the appellable decision; or 10 (b) amend the appellable decision; or 11 (c) substitute another decision for the appellable decision. 12 (2) In substituting another decision for the appellable decision, 13 the responsible tribunal has the same powers as the entity that 14 made the appellable decision. 15 203 Relationship with Act establishing responsible tribunal 16 This Division applies despite any provision to the contrary of 17 the Act that establishes the responsible tribunal but does not 18 otherwise limit that Act. 19 Division 14 Miscellaneous 20 204 Notice from adjudication body 21 (1) If an adjudication body, other than a court, makes a decision 22 in relation to a health practitioner or student registered in a 23 health profession, it must give written notice of the decision to 24 the National Board established for the profession. 25 (2) The notice must state-- 26 Page 177

Health Practitioner Regulation National Law Bill 2009 Part 8 Health, performance and conduct [s 205] (a) the decision made by the adjudication body; and 1 (b) the reasons for the decision; and 2 (c) the date the decision takes effect; and 3 (d) any action the National Board must take to give effect to 4 the decision. 5 205 Implementation of decisions 6 (1) A National Board must give effect to a decision of an 7 adjudication body unless the decision is stayed on appeal. 8 (2) Without limiting subsection (1), the National Board must, if 9 the notice given to the Board states that a health practitioner's 10 or student's registration is cancelled, remove the practitioner's 11 or student's name from the appropriate register kept by the 12 Board. 13 206 National Board to give notice to registered health 14 practitioner's employer 15 (1) This section applies if-- 16 (a) a National Board-- 17 (i) decides to take health, conduct or performance 18 action against a registered health practitioner; or 19 (ii) receives notice from an adjudication body that the 20 adjudication body has decided to take health, 21 conduct or performance action against a registered 22 health practitioner; or 23 (iii) receives notice from a co-regulatory authority that 24 an adjudication body in the co-regulatory 25 jurisdiction has decided to take health, conduct or 26 performance action against a registered health 27 practitioner; and 28 (b) the National Board has been advised by the registered 29 health practitioner that the practitioner is employed by 30 another entity. 31 Page 178

Health Practitioner Regulation National Law Bill 2009 Part 9 Finance [s 207] Note. Under section 132, a National Board may ask a registered 1 health practitioner to give the Board information about whether or 2 not the practitioner is employed by another entity and, if so, for the 3 employer's details. 4 (2) The National Board must, as soon as practicable after making 5 the decision or receiving the notice, give written notice 6 of the decision to take health, conduct or performance 7 action against the registered health practitioner to the 8 practitioner's employer. 9 207 Effect of suspension 10 If a person's registration as a health practitioner or student is 11 suspended under this Law the person is taken during the 12 period of suspension not to be registered under this Law, other 13 than for the purposes of this Part. 14 Part 9 Finance 15 208 Australian Health Practitioner Regulation Agency Fund 16 (1) The Australian Health Practitioner Regulation Agency Fund 17 is established. 18 (2) The Agency Fund is to have a separate account for each 19 National Board. 20 (3) The Agency Fund is a fund to be administered by the National 21 Agency. 22 (4) The National Agency may establish accounts with any 23 financial institution for money in the Agency Fund. 24 (5) The Agency Fund does not form part of the consolidated fund 25 or consolidated account of a participating jurisdiction or the 26 Commonwealth. 27 Page 179

Health Practitioner Regulation National Law Bill 2009 Part 9 Finance [s 209] 209 Payments into Agency Fund 1 (1) There is payable into the Agency Fund-- 2 (a) all money appropriated by the Parliament of any 3 participating jurisdiction or the Commonwealth for the 4 purposes of the Fund; and 5 (b) all fees, costs and expenses paid or recovered under this 6 Law; and 7 (c) all fines paid to, or recovered by, a National Board in 8 accordance with an order of an adjudication body; and 9 (d) the proceeds of the investment of money in the Fund; 10 and 11 (e) all grants, gifts and donations made to the National 12 Agency or a National Board, but subject to any trusts 13 declared in relation to the grants, gifts or donations; and 14 (f) all money directed or authorised to be paid into the Fund 15 by or under this Law, any law of a participating 16 jurisdiction or any law of the Commonwealth; and 17 (g) any other money or property received by the National 18 Agency or a National Board in connection with the 19 exercise of its functions. 20 (2) Any money paid into the Agency Fund under subsection (1) 21 for or on behalf of a National Board must be paid into the 22 Board's account kept within the Agency Fund. 23 210 Payments out of Agency Fund 24 (1) Payments may be made from the Agency Fund for the 25 purpose of-- 26 (a) paying any costs or expenses, or discharging any 27 liabilities, incurred in the administration or enforcement 28 of this Law; and 29 (b) making payments to co-regulatory authorities; and 30 Page 180

Health Practitioner Regulation National Law Bill 2009 Part 9 Finance [s 211] (c) any other payments recommended by the National 1 Board or National Agency and approved by the 2 Ministerial Council. 3 (2) Without limiting subsection (1)(a), a payment may be made 4 from the Agency Fund to a responsible tribunal to meet the 5 expenses of the responsible tribunal in performing functions 6 under this Law. 7 (3) A payment under subsection (1) may be made from a National 8 Board's account kept within the Agency Fund only if the 9 payment is in accordance with the Board's budget or 10 otherwise approved by the Board. 11 211 Investment of money in Agency Fund 12 (1) Subject to this section, the National Agency may invest 13 money in the Agency Fund in the way it considers 14 appropriate. 15 (2) The National Agency may invest money in a National Board's 16 account kept within the Agency Fund only if the Agency has 17 consulted the Board about the investment. 18 (3) An investment under this section must be-- 19 (a) in Australian money; and 20 (b) undertaken in Australia. 21 (4) The National Agency must use its best efforts to invest money 22 in the Agency Fund in a way it considers is most appropriate 23 in all the circumstances. 24 (5) The National Agency must keep records that show it has 25 invested in the way most appropriate in the circumstances. 26 (6) A security, safe custody acknowledgment or other document 27 evidencing title accepted, guaranteed or issued for an 28 investment arrangement must be held by the National Agency. 29 Page 181

Health Practitioner Regulation National Law Bill 2009 Part 9 Finance [s 212] 212 Financial management duties of National Agency and 1 National Boards 2 (1) The National Agency must-- 3 (a) ensure that its operations are carried out efficiently, 4 effectively and economically; and 5 (b) keep proper books and records in relation to the Agency 6 Fund; and 7 (c) ensure that expenditure is made from the Agency Fund 8 for lawful purposes only and, as far as possible, 9 reasonable value is obtained for moneys expended from 10 the Fund; and 11 (d) ensure that its procedures, including internal control 12 procedures, afford adequate safeguards with respect 13 to-- 14 (i) the correctness, regularity and propriety of 15 payments made from the Agency Fund; and 16 (ii) receiving and accounting for payments made to the 17 Agency Fund; and 18 (iii) prevention of fraud or mistake; and 19 (e) take any action necessary to ensure the preparation of 20 accurate financial statements in accordance with 21 Australian Accounting Standards for inclusion in its 22 annual report; and 23 (f) take any action necessary to facilitate the audit of those 24 financial statements in accordance with this Law; and 25 (g) arrange for any further audit by a qualified person of the 26 books and records kept by the National Agency in 27 relation to the Agency Fund, if directed to do so by the 28 Ministerial Council. 29 (2) A National Board must-- 30 (a) ensure that its operations are carried out efficiently, 31 effectively and economically; and 32 Page 182

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 213] (b) take any action necessary to ensure that the National 1 Agency is able to comply with this section in relation to 2 the funding of the National Board in exercising its 3 functions. 4 Part 10 Information and privacy 5 Division 1 Privacy 6 213 Application of Commonwealth Privacy Act 7 (1) The Privacy Act applies as a law of a participating jurisdiction 8 for the purposes of the national registration and accreditation 9 scheme. 10 (2) For the purposes of subsection (1), the Privacy Act applies-- 11 (a) as if a reference to the Office of the Privacy 12 Commissioner were a reference to the Office of the 13 National Health Practitioners Privacy Commissioner; 14 and 15 (b) as if a reference to the Privacy Commissioner were a 16 reference to the National Health Practitioners Privacy 17 Commissioner; and 18 (c) with any other modifications made by the regulations. 19 (3) Without limiting subsection (2)(c), the regulations may-- 20 (a) provide that the Privacy Act applies under subsection (1) 21 as if a provision of the Privacy Act specified in the 22 regulations were omitted; or 23 (b) provide that the Privacy Act applies under subsection (1) 24 as if an amendment to the Privacy Act made by a law of 25 the Commonwealth, and specified in the regulations, 26 had not taken effect; or 27 Page 183

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 214] (c) confer jurisdiction on a tribunal or court of a 1 participating jurisdiction. 2 (4) In this section-- 3 Privacy Act means the Privacy Act 1988 of the 4 Commonwealth, as in force from time to time. 5 Division 2 Disclosure of information and 6 confidentiality 7 214 Definition 8 In this Division-- 9 protected information means information that comes to a 10 person's knowledge in the course of, or because of, the person 11 exercising functions under this Law. 12 215 Application of Commonwealth FOI Act 13 (1) The FOI Act applies as a law of a participating jurisdiction for 14 the purposes of the national registration and accreditation 15 scheme. 16 (2) The regulations under this Law may modify the FOI Act for 17 the purposes of this Law. 18 (3) Without limiting subsection (2), the regulations may-- 19 (a) provide that the FOI Act applies under subsection (1) as 20 if a provision of the FOI Act specified in the regulations 21 were omitted; or 22 (b) provide that the FOI Act applies under subsection (1) as 23 if an amendment to the FOI Act made by a law of the 24 Commonwealth, and specified in the regulations, had 25 not taken effect; or 26 (c) confer jurisdiction on a tribunal or court of a 27 participating jurisdiction. 28 (4) In this section-- 29 Page 184

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 216] FOI Act means the Freedom of Information Act 1982 of the 1 Commonwealth, as in force from time to time. 2 216 Duty of confidentiality 3 (1) A person who is, or has been, a person exercising functions 4 under this Law must not disclose to another person protected 5 information. 6 Maximum penalty-- 7 (a) in the case of an individual--$5,000; or 8 (b) in the case of a body corporate--$10,000. 9 (2) However, subsection (1) does not apply if-- 10 (a) the information is disclosed in the exercise of a function 11 under, or for the purposes of, this Law; or 12 (b) the disclosure-- 13 (i) is to a co-regulatory authority; or 14 (ii) is authorised or required by any law of a 15 participating jurisdiction; or 16 (c) the disclosure is otherwise required or permitted by law; 17 or 18 (d) the disclosure is with the agreement of the person to 19 whom the information relates; or 20 (e) the disclosure is in a form that does not identify the 21 identity of a person; or 22 (f) the information relates to proceedings before a 23 responsible tribunal and the proceedings are or were 24 open to the public; or 25 (g) the information is, or has been, accessible to the public, 26 including because it is or was recorded in a National 27 Register; or 28 (h) the disclosure is otherwise authorised by the Ministerial 29 Council. 30 Page 185

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 217] 217 Disclosure of information for workforce planning 1 (1) The Ministerial Council may, by written notice given to a 2 National Board, ask the Board for information required by the 3 Council for planning the workforce of health practitioners, or 4 a class of practitioners, in Australia or a part of Australia. 5 (2) If a National Board receives a request under subsection (1), 6 the Board may, by written notice given to health practitioners 7 registered by the Board, ask the practitioners for information 8 relevant to the request. 9 (3) A registered health practitioner who is asked to provide 10 information under subsection (2) may, but is not required to, 11 provide the information. 12 (4) The National Board-- 13 (a) must give information received from a registered health 14 practitioner to the Ministerial Council in a way that does 15 not identify any registered health practitioner; and 16 (b) must not use information received under this section that 17 identifies a registered health practitioner for any other 18 purpose. 19 (5) The Ministerial Council must publish information it receives 20 under this section in a way that is timely and ensures it is 21 accessible to the public. 22 218 Disclosure of information for information management 23 and communication purposes 24 (1) A person may disclose protected information to an 25 information management agency if the disclosure is in 26 accordance with an authorisation given by the Ministerial 27 Council under subsection (2). 28 (2) The Ministerial Council may authorise the disclosure of 29 protected information to an information management agency 30 if the Council is satisfied-- 31 (a) the protected information will be collected, stored and 32 used by the information management agency in a way 33 Page 186

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 219] that ensures the privacy of the persons to whom it relates 1 is protected; and 2 (b) the provision of the protected information to the 3 information management agency is necessary to enable 4 the agency to exercise its functions. 5 (3) An authorisation under subsection (2)-- 6 (a) may apply to protected information generally or a class 7 of protected information; and 8 (b) may be subject to conditions. 9 (4) In this section-- 10 information management agency means a Commonwealth, 11 State or Territory agency that has functions relating to the 12 identification of health practitioners for information 13 management and communication purposes, including, for 14 example, the National E-health Transition Authority. 15 219 Disclosure of information to other Commonwealth, State 16 and Territory entities 17 (1) A person exercising functions under this Law may disclose 18 protected information to the following entities-- 19 (a) the chief executive officer under the Medicare Australia 20 Act 1973 of the Commonwealth; 21 (b) an entity performing functions under the Health 22 Insurance Act 1973 of the Commonwealth; 23 (c) the Secretary within the meaning of the National Health 24 Act 1953 of the Commonwealth; 25 (d) the Secretary to the Department in which the Migration 26 Act 1958 of the Commonwealth is administered; 27 (e) another Commonwealth, State or Territory entity having 28 functions relating to professional services provided by 29 health practitioners or the regulation of health 30 practitioners. 31 Page 187

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 220] (2) However, a person may disclose protected information under 1 subsection (1) only if the person is satisfied-- 2 (a) the protected information will be collected, stored and 3 used by the entity to which it is disclosed in a way that 4 ensures the privacy of the persons to whom it relates is 5 protected; and 6 (b) the provision of the protected information to the entity is 7 necessary to enable the entity to exercise its functions. 8 220 Disclosure to protect health or safety of patients or other 9 persons 10 (1) This section applies if a National Board reasonably believes 11 that-- 12 (a) a registered health practitioner poses, or may pose, a risk 13 to public health; or 14 (b) the health or safety of a patient or a class of patients is or 15 may be at risk because of a registered health 16 practitioner's practice as a health practitioner. 17 (2) The National Board may give written notice of the risk and 18 any relevant information about the registered health 19 practitioner to an entity of the Commonwealth or of a State or 20 Territory that the Board considers may be required to take 21 action in relation to the risk. 22 221 Disclosure to registration authorities 23 A person exercising functions under this Law may disclose 24 protected information to a registration authority if the 25 disclosure is necessary for the authority to exercise its 26 functions. 27 Page 188

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 222] Division 3 Registers in relation to registered 1 health practitioner 2 222 National Registers 3 (1) Each of the following National Boards must, in conjunction 4 with the National Agency-- 5 (a) keep the public national register listed beside that Board 6 in the following Table that is to include the names of all 7 health practitioners, other than specialist health 8 practitioners, currently registered by the Board; and 9 (b) if Divisions are listed beside the public national register 10 in the Table, keep the register in a way that ensures it 11 includes those Divisions. 12 (2) In addition, each National Board must keep a public national 13 register that is to include the names of all health practitioners, 14 other than specialist health practitioners, who were registered 15 by the Board and whose registration has been cancelled by an 16 adjudication body. 17 Table-- Public national registers 18 Name of Board Name of public national Divisions of public 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 Page 189

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 223] Name of Board Name of public national Divisions of public register national register 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 Occupational Board of Australia 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 Psychology Board of Register of Australia Psychologists 223 Specialists Registers 1 The National Board established for a health profession for 2 which specialist recognition operates under this Law must, in 3 conjunction with the National Agency, keep-- 4 Page 190

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 224] (a) a public national specialists register that includes the 1 names of all specialist health practitioners currently 2 registered by the Board; and 3 (b) a public national register that includes the names of all 4 specialist health practitioners whose registration has 5 been cancelled by an adjudication body. 6 224 Way registers are to be kept 7 Subject to this Division, a register a National Board is 8 required to keep under this Division must be kept-- 9 (a) in a way that ensures it is up-to-date and accurate; and 10 (b) otherwise in the way the National Agency considers 11 appropriate. 12 225 Information to be recorded in National Register 13 A National Register or Specialists Register must include the 14 following information for each registered health practitioner 15 whose name is included in the register-- 16 (a) the practitioner's sex; 17 (b) the suburb and postcode of the practitioner's principal 18 place of practice; 19 (c) the registration number or code given to the practitioner 20 by the National Board; 21 (d) the date on which the practitioner was first registered in 22 the health profession in Australia, whether under this 23 Law or a corresponding prior Act; 24 (e) the date on which the practitioner's registration expires; 25 (f) the type of registration held by the practitioner; 26 (g) if the register includes divisions, the division in which 27 the practitioner is registered; 28 Page 191

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 226] (h) if the practitioner holds specialist registration, the 1 recognised specialty in which the practitioner is 2 registered; 3 (i) if the practitioner holds limited registration, the purpose 4 for which the practitioner is registered; 5 (j) if the practitioner has been reprimanded, the fact that the 6 practitioner has been reprimanded; 7 (k) if a condition has been imposed on the practitioner's 8 registration or the National Board has entered into an 9 undertaking with the practitioner-- 10 (i) if section 226(1) applies, the fact that a condition 11 has been imposed or an undertaking accepted; or 12 (ii) otherwise, details of the condition or undertaking; 13 (l) if the practitioner's registration is suspended, the fact 14 that the practitioner's registration has been suspended 15 and, if the suspension is for a specified period, the 16 period during which the suspension applies; 17 (m) if the practitioner's registration has been endorsed, 18 details of the endorsement; 19 (n) details of any qualifications relied on by the practitioner 20 to obtain registration or to have the practitioner's 21 registration endorsed; 22 (o) if the practitioner has advised the National Board the 23 practitioner fluently speaks a language other than 24 English, details of the other language spoken; 25 (p) any other information the National Board considers 26 appropriate. 27 226 National Board may decide not to include or to remove 28 certain information in register 29 (1) A National Board may decide that a condition imposed on a 30 registered health practitioner's registration, or the details of an 31 undertaking accepted from a registered health practitioner, 32 Page 192

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 227] because the practitioner has an impairment is not to be 1 recorded in its National Register or Specialists Register if-- 2 (a) it is necessary to protect the practitioner's privacy; and 3 (b) there is no overriding public interest for the condition or 4 the details of the undertaking to be recorded. 5 (2) A National Board may decide that information relating to a 6 registered health practitioner is not to be recorded in its 7 National Register or Specialists Register if-- 8 (a) the practitioner asks the Board not to include the 9 information in the register; and 10 (b) the Board reasonably believes the inclusion of the 11 information in the register would present a serious risk 12 to the health or safety of the practitioner. 13 (3) A National Board may decide to remove information that a 14 registered health practitioner has been reprimanded from the 15 National Register or Specialists Register if it considers it is no 16 longer necessary or appropriate for the information to be 17 recorded on the Register. 18 227 Register about former registered health practitioners 19 A register kept by a National Board under section 222(2) or 20 223(b) must include the following information for each health 21 practitioner whose registration was cancelled by an 22 adjudication body-- 23 (a) the fact that the practitioner's registration was cancelled 24 by an adjudication body; 25 (b) the grounds on which the practitioner's registration was 26 cancelled; 27 (c) if the adjudication body's hearing of the matter was 28 open to the public, details of the conduct that formed the 29 basis of the cancellation. 30 Page 193

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 228] 228 Inspection of registers 1 (1) The National Agency-- 2 (a) must keep each register kept by a National Board under 3 this Division open for inspection, free of charge, by 4 members of the public-- 5 (i) at its national office and each of its local offices 6 during ordinary office hours; and 7 (ii) on the Agency's website; and 8 (b) must give a person an extract from the register on 9 payment of the relevant fee; and 10 (c) may give a person a copy of the register on payment of 11 the relevant fee. 12 (2) The National Agency may give a person a copy of the register 13 under subsection (1)(c) only if the Agency is satisfied it would 14 be in the public interest to do so. 15 (3) The National Agency may waive, wholly or partly, the 16 payment of a fee by a person under subsection (1)(b) or (c) if 17 the Agency considers it appropriate in the circumstances. 18 Division 4 Student registers 19 229 Student registers 20 (1) Each National Board must, in conjunction with the National 21 Agency, keep a student register that includes the name of all 22 persons currently registered as students by the Board. 23 (2) A student register is not to be open to inspection by the public. 24 230 Information to be recorded in student register 25 (1) Subject to this Division, a student register kept by a National 26 Board must be kept in the way the National Agency considers 27 appropriate. 28 Page 194

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 231] (2) A student register kept by a National Board must include the 1 following information for each student whose name is 2 included in the register-- 3 (a) the student's name; 4 (b) the student's date of birth; 5 (c) the student's sex; 6 (d) the student's mailing address and any other contact 7 details; 8 (e) the name of the education provider that is providing the 9 approved program of study being undertaken by the 10 student; 11 (f) the date on which the student was first registered, 12 whether under this law or a corresponding prior Act; 13 (g) the date on which the student started the approved 14 program of study; 15 (h) the date on which the student is expected to complete 16 the approved program of study; 17 (i) if the student has completed or otherwise ceased to be 18 enrolled in the approved program of study, the date of 19 the completion or cessation; 20 (j) if a condition has been imposed on the student's 21 registration, details of the condition; 22 (k) if the Board accepts an undertaking from the student, 23 details of the undertaking; 24 (l) any other information the Board considers appropriate. 25 Division 5 Other records 26 231 Other records to be kept by National Boards 27 A National Board must keep a record of the following 28 information for each health practitioner it registers-- 29 (a) information that identifies the practitioner; 30 Page 195

Health Practitioner Regulation National Law Bill 2009 Part 10 Information and privacy [s 232] (b) the practitioner's contact details; 1 (c) information about the practitioner's registration or 2 endorsement; 3 (d) information about any previous registration of the 4 practitioner, whether in Australia or overseas; 5 (e) information about any notification made about the 6 practitioner and any investigation and health, conduct or 7 performance action taken as a result of the notification; 8 (f) information about the practitioner's professional 9 indemnity insurance arrangements; 10 (g) information about checks carried out by the Board about 11 the practitioner's criminal history and identity, including 12 the nature of the check carried out, when it was carried 13 out and the nature of the information provided by the 14 check. 15 232 Record of adjudication decisions to be kept and made 16 publicly available 17 (1) A National Board is to keep and publish on its website a 18 record of decisions made by-- 19 (a) panels established by the Board; and 20 (b) responsible tribunals that relate to registered health 21 practitioners or students registered by the Board. 22 (2) The record is to be kept-- 23 (a) in a way that does not identify persons involved in the 24 matter, unless the decision was made by a responsible 25 tribunal and the hearing was open to the public; and 26 (b) otherwise in the way decided by the National Board. 27 Page 196

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 233] Division 6 Unique identifier 1 233 Unique identifier to be given to each registered health 2 practitioner 3 (1) This section applies if-- 4 (a) a National Board registers a person in the health 5 profession for which the Board is established; and 6 (b) the person has not previously been registered by that 7 Board or any other National Board. 8 (2) The National Board must, at the time of registering the 9 person, give the person an identifying number or code (a 10 unique identifier) that is unique to the person. 11 (3) The National Board must keep a record of the unique 12 identifier given to the person. 13 (4) If the person is subsequently registered by the National Board 14 or another Board the person is to continue to be identified by 15 the unique identifier given to the person under subsection (2). 16 Part 11 Miscellaneous 17 Division 1 Provisions relating to persons 18 exercising functions under Law 19 234 General duties of persons exercising functions under this 20 Law 21 (1) A person exercising functions under this Law must, when 22 exercising the functions, act honestly and with integrity. 23 (2) A person exercising functions under this Law must exercise 24 the person's functions under this Law-- 25 (a) in good faith; and 26 Page 197

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 235] (b) in a financially responsible manner; and 1 (c) with a reasonable degree of care, diligence and skill. 2 (3) A person exercising functions under this Law must not make 3 improper use of the person's position or of information that 4 comes to the person's knowledge in the course of, or because 5 of, the person's exercise of the functions-- 6 (a) to gain an advantage for himself or herself or another 7 person; or 8 (b) to cause a detriment to the development, implementation 9 or operation of the national registration and 10 accreditation scheme. 11 235 Application of Commonwealth Ombudsman Act 12 (1) The Ombudsman Act applies as a law of a participating 13 jurisdiction for the purposes of the national registration and 14 accreditation scheme. 15 (2) For the purposes of subsection (1), the Ombudsman Act 16 applies-- 17 (a) as if a reference to the Commonwealth Ombudsman 18 were a reference to the National Health Practitioners 19 Ombudsman; and 20 (b) with any other modifications made by the regulations. 21 (3) Without limiting subsection (2), the regulations may-- 22 (a) provide that the Ombudsman Act applies under 23 subsection (1) as if a provision of the Ombudsman Act 24 specified in the regulations were omitted; or 25 (b) provide that the Ombudsman Act applies under 26 subsection (1) as if an amendment to the Ombudsman 27 Act made by a law of the Commonwealth, and specified 28 in the regulations, had not taken effect; or 29 (c) confer jurisdiction on a tribunal or court of a 30 participating jurisdiction. 31 (4) In this section-- 32 Page 198

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 236] Ombudsman Act means the Ombudsman Act 1976 of the 1 Commonwealth, as in force from time to time. 2 236 Protection from personal liability for persons exercising 3 functions 4 (1) A protected person is not personally liable for anything done 5 or omitted to be done in good faith-- 6 (a) in the exercise of a function under this Law; or 7 (b) in the reasonable belief that the act or omission was the 8 exercise of a function under this Law. 9 (2) Any liability resulting from an act or omission that would, but 10 for subsection (1), attach to a protected person attaches 11 instead to the National Agency. 12 (3) In this section-- 13 protected person means any of the following-- 14 (a) a member of the Advisory Council; 15 (b) a member of the Agency Management Committee; 16 (c) a member of a National Board or a committee of the 17 National Board; 18 (d) a member of an external accreditation entity; 19 (e) a member of the staff of the National Agency; 20 (f) a consultant or contractor engaged by the National 21 Agency; 22 (g) a person appointed by the National Agency to conduct 23 an examination or assessment for a National Board; 24 (h) a person employed or engaged by an external 25 accreditation entity to assist it with its accreditation 26 function. 27 237 Protection from liability for persons making notification 28 or otherwise providing information 29 (1) This section applies to a person who, in good faith-- 30 Page 199

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 238] (a) makes a notification under this Law; or 1 (b) gives information in the course of an investigation or for 2 another purpose under this Law to a person exercising 3 functions under this Law. 4 (2) The person is not liable, civilly, criminally or under an 5 administrative process, for giving the information. 6 (3) Without limiting subsection (2)-- 7 (a) the making of the notification or giving of the 8 information does not constitute a breach of professional 9 etiquette or ethics or a departure from accepted 10 standards of professional conduct; and 11 (b) no liability for defamation is incurred by the person 12 because of the making of the notification or giving of 13 the information. 14 (4) The protection given to the person by this section extends to-- 15 (a) a person who, in good faith, provided the person with 16 any information on the basis of which the notification 17 was made or the information was given; and 18 (b) a person who, in good faith, was otherwise concerned in 19 the making of the notification or giving of the 20 information. 21 Division 2 Inspectors 22 238 Functions and powers of inspectors 23 (1) An inspector has the function of conducting investigations to 24 enforce compliance with this Law. 25 (2) Schedule 6 sets out provisions relating to the powers of an 26 inspector. 27 Page 200

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 239] 239 Appointment of inspectors 1 (1) A National Board may appoint the following persons as 2 inspectors-- 3 (a) members of the National Agency's staff; 4 (b) contractors engaged by the National Agency. 5 (2) An inspector holds office on the conditions stated in the 6 instrument of appointment. 7 (3) If an inspector's appointment provides for a term of 8 appointment, the inspector ceases holding office at the end of 9 the term. 10 (4) An inspector may resign by signed notice of resignation given 11 to the National Board that appointed the inspector. 12 240 Identity card 13 (1) A National Board must give an identity card to each inspector 14 it appoints. 15 (2) The identity card must-- 16 (a) contain a recent photograph of the inspector; and 17 (b) be signed by the inspector; and 18 (c) identify the person as an inspector appointed by the 19 National Board; and 20 (d) include an expiry date. 21 (3) This section does not prevent the issue of a single identity 22 card to a person-- 23 (a) if the person is appointed as an inspector for this Law by 24 more than one National Board; or 25 (b) if the person is appointed as an inspector and 26 investigator for this Law by a National Board; or 27 (c) for this Law and other Acts. 28 (4) A person who ceases to be an inspector must give the person's 29 identity card to the National Board that appointed the person 30 Page 201

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 241] within 7 days after the person ceases to be an inspector, unless 1 the person has a reasonable excuse. 2 241 Display of identity card 3 (1) An inspector may exercise a power in relation to someone else 4 (the other person) only if the inspector-- 5 (a) first produces the inspector's identity card for the other 6 person's inspection; or 7 (b) has the identity card displayed so it is clearly visible to 8 the other person. 9 (2) However, if for any reason it is not practicable to comply with 10 subsection (1) before exercising the power, the inspector must 11 produce the identity card for the other person's inspection at 12 the first reasonable opportunity. 13 Division 3 Legal proceedings 14 242 Proceedings for offences 15 A proceeding for an offence against this Law is to be by way 16 of a summary proceeding before a court of summary 17 jurisdiction. 18 243 Conduct may constitute offence and be subject of 19 disciplinary proceedings 20 (1) If a person's behaviour constitutes an offence against this Law 21 or another Act and constitutes professional misconduct, 22 unsatisfactory professional performance or unprofessional 23 conduct under this Law-- 24 (a) the fact that proceedings for an offence have been taken 25 in relation to the behaviour does not prevent 26 proceedings being taken before an adjudication body 27 under this Law for the same behaviour; and 28 Page 202

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 244] (b) the fact that proceedings have been taken before an 1 adjudication body under this Law in relation to the 2 conduct does not prevent proceedings for an offence 3 being taken for the same behaviour. 4 (2) If a person's behaviour may be dealt with by a health 5 complaints entity under the law of a participating jurisdiction 6 and constitutes professional misconduct, unsatisfactory 7 professional performance or unprofessional conduct under 8 this Law-- 9 (a) the fact that the behaviour has been dealt with by the 10 health complaints entity does not prevent proceedings 11 being taken before an adjudication body under this Law 12 for the same behaviour; and 13 (b) the fact that proceedings have been taken before an 14 adjudication body under this Law in relation to the 15 behaviour does not prevent action being taken by the 16 health complaints entity under the law of the 17 participating jurisdiction for the same behaviour. 18 244 Evidentiary certificates 19 A certificate purporting to be signed by the chief executive 20 officer of the National Agency and stating any of the 21 following matters is prima facie evidence of the matter-- 22 (a) a stated document is one of the following things made, 23 given, issued or kept under this Law-- 24 (i) an appointment, approval or decision; 25 (ii) a notice, direction or requirement; 26 (iii) a certificate of registration; 27 (iv) a register, or an extract from a register; 28 (v) a record, or an extract from a record; 29 (b) a stated document is another document kept under this 30 Law; 31 (c) a stated document is a copy of a document mentioned in 32 paragraph (a) or (b); 33 Page 203

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 245] (d) on a stated day, or during a stated period, a stated person 1 was or was not a registered health practitioner or a 2 student; 3 (e) on a stated day, or during a stated period, a registration 4 or endorsement was or was not subject to a stated 5 condition; 6 (f) on a stated day, a registration was suspended or 7 cancelled; 8 (g) on a stated day, or during a stated period, an 9 appointment as an investigator or inspector was, or was 10 not, in force for a stated person; 11 (h) on a stated day, a stated person was given a stated notice 12 or direction under this Law; 13 (i) on a stated day, a stated requirement was made of a 14 stated person. 15 Division 4 Regulations 16 245 National regulations 17 (1) The Ministerial Council may make regulations for the 18 purposes of this Law. 19 (2) The regulations may provide for any matter that is necessary 20 or convenient to be prescribed for carrying out or giving effect 21 to this Law. 22 (3) The regulations are to be published by the Victorian 23 Government Printer in accordance with the arrangements for 24 the publication of the making of regulations in Victoria. 25 (4) A regulation commences on the day or days specified in the 26 regulation for its commencement (being not earlier than the 27 date it is published). 28 (5) In this section-- 29 Page 204

Health Practitioner Regulation National Law Bill 2009 Part 11 Miscellaneous [s 246] Victorian Government Printer means the person appointed to 1 be the Government Printer for Victoria under section 72 of the 2 Constitution Act 1975 of Victoria. 3 246 Parliamentary scrutiny of national regulations 4 (1) A regulation made under this Law may be disallowed in a 5 participating jurisdiction by a House of the Parliament of that 6 jurisdiction-- 7 (a) in the same way that a regulation made under an Act of 8 that jurisdiction may be disallowed; and 9 (b) as if the regulation had been tabled in the House on the 10 first sitting day after the regulation was published by the 11 Victorian Government Printer. 12 (2) A regulation disallowed under subsection (1) does not cease 13 to have effect in the participating jurisdiction, or any other 14 participating jurisdiction, unless the regulation is disallowed 15 in a majority of the participating jurisdictions. 16 (3) If a regulation is disallowed in a majority of the participating 17 jurisdictions, it ceases to have effect in all participating 18 jurisdictions on the date of its disallowance in the last of the 19 jurisdictions forming the majority. 20 (4) In this section-- 21 regulation includes a provision of a regulation. 22 247 Effect of disallowance of national regulation 23 (1) The disallowance of a regulation in a majority of jurisdictions 24 has the same effect as a repeal of the regulation. 25 (2) If a regulation ceases to have effect under section 246 any law 26 or provision of a law repealed or amended by the regulation is 27 revived as if the disallowed regulation had not been made. 28 (3) The restoration or revival of a law under subsection (2) takes 29 effect at the beginning of the day on which the disallowed 30 regulation by which it was amended or repealed ceases to 31 have effect. 32 Page 205

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 248] (4) In this section-- 1 regulation includes a provision of a regulation. 2 Division 5 Miscellaneous 3 248 Combined notice may be given 4 If an entity is required under this Law to give another entity 5 (the recipient) notices under more than one provision, the 6 entity may give the recipient a combined notice for the 7 provisions. 8 249 Fees 9 The National Agency may, in accordance with a health 10 profession agreement entered into with a National Board-- 11 (a) refund a relevant fee paid into the Board's account kept 12 in the Agency Fund; or 13 (b) waive, in whole or in part, a relevant fee payable for a 14 service provided by the Board; or 15 (c) require a person who pays a relevant fee late to pay an 16 additional fee. 17 Part 12 Transitional provisions 18 Division 1 Preliminary 19 250 Definitions 20 In this Part-- 21 commencement day means 1 July 2010. 22 Page 206

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 251] local registration authority means an entity that had functions 1 under a law of a participating jurisdiction that included the 2 registration of persons as health practitioners. 3 participation day, for a participating jurisdiction, means-- 4 (a) for a health profession other than a relevant health 5 profession-- 6 (i) 1 July 2010; or 7 (ii) the later day on which the jurisdiction became a 8 participating jurisdiction; or 9 (b) for a relevant health profession, 1 July 2012. 10 relevant health profession means-- 11 (a) Aboriginal and Torres Strait Islander health practice; or 12 (b) Chinese medicine; or 13 (c) medical radiation practice; or 14 (d) occupational therapy. 15 repealed Law means the Health Practitioner Regulation 16 (Administrative Arrangements) National Law set out in the 17 Schedule to the Health Practitioner Regulation 18 (Administrative Arrangements) National Law Act 2008 of 19 Queensland. 20 251 References to registered health practitioners 21 (1) A reference in an Act of a participating jurisdiction, or 22 another instrument, to the Health Practitioner Regulation 23 (Administrative Arrangements) National Law may, if the 24 context permits, be taken to be a reference to this Law. 25 (2) A reference in an Act of a participating jurisdiction, or 26 another instrument, to a health practitioner registered in a 27 health profession under a corresponding prior Act may, if the 28 context permits, be taken after the participation day to be a 29 reference to a health practitioner registered in the health 30 profession under this Law. 31 Page 207

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 252] Division 2 Ministerial Council 1 252 Directions given by Ministerial council 2 A direction given by the Ministerial Council to the National 3 Agency or a National Board under the repealed Law, and in 4 force immediately before the commencement day, is taken 5 from the commencement day to be a direction given by the 6 Ministerial Council under this Law. 7 253 Accreditation functions exercised by existing 8 accreditation entities 9 (1) This section applies to an entity that, immediately before the 10 commencement day, was an entity appointed by the 11 Ministerial Council under the repealed Law to exercise 12 functions with respect to accreditation for a health profession 13 under the national registration and accreditation scheme. 14 (2) From the commencement day, the entity is taken to have been 15 appointed under this Law to exercise the functions for the 16 health profession. 17 (3) An accreditation standard approved by the entity for a health 18 profession, and in force immediately before the 19 commencement day, is taken to be an approved accreditation 20 standard for the health profession under this Law. 21 (4) The National Board established for the health profession 22 must, not later than 3 years after the commencement day, 23 review the arrangements for the exercise of accreditation 24 functions for the health profession. 25 (5) The National Board must ensure the process for the review 26 includes wide-ranging consultation about the arrangements 27 for the exercise of the accreditation functions. 28 (6) If an entity is taken under subsection (2) to have been 29 appointed to exercise an accreditation function for a health 30 profession, the National Board established for the profession 31 must not, before the day that is 3 years after the 32 commencement day, end that entity's appointment. 33 Page 208

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 254] 254 Health profession standards approved by Ministerial 1 Council 2 A health profession standard approved by the Ministerial 3 Council under the repealed Law is taken from the 4 commencement day to be an approved registration standard 5 under this Law. 6 255 Accreditation standards approved by National Board 7 An accreditation standard approved by a National Board 8 under the repealed Law is taken from the commencement day 9 to be an approved accreditation standard under this Law. 10 Division 3 Advisory Council 11 256 Members of Advisory Council 12 (1) A person who was, immediately before the commencement 13 day, a member of the Australian Health Workforce Advisory 14 Council under the repealed Law is taken to be a member of 15 the Advisory Council under this Law. 16 (2) Without limiting subsection (1), a member of the Advisory 17 Council continues to hold office-- 18 (a) on the same terms and conditions that applied to the 19 member's appointment under the repealed Law; and 20 (b) until the day the member's term of appointment under 21 the repealed Law would have ended or the earlier day 22 the member otherwise vacates office under this Law. 23 (3) The person who, immediately before the commencement day, 24 held office as Chairperson of the Australian Health Workforce 25 Advisory Council under the repealed Law continues to hold 26 office as Chairperson of the Advisory Council under this Law. 27 Page 209

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 257] Division 4 National Agency 1 257 Health profession agreements 2 From the commencement day, a health profession agreement 3 entered into by the Australian Health Practitioner Regulation 4 Agency and in force immediately before the commencement 5 day is taken to be a health profession agreement entered into 6 by the National Agency under this Law. 7 258 Service agreement 8 (1) This section applies if, immediately before the participation 9 day for a participating jurisdiction-- 10 (a) a local registration authority in that jurisdiction 11 exercised functions in relation to related health 12 professionals; or 13 (b) a local registration authority in that jurisdiction was a 14 party to a service agreement for an entity to provide 15 administrative or operational support to the authority 16 and the entity also provided support under a service 17 agreement to an authority that registers related health 18 professionals. 19 (2) From the participation day for the participating jurisdiction, 20 the National Agency may enter into an agreement with the 21 authority that is responsible for registering the related health 22 professionals to provide services to the authority. 23 (3) In this section-- 24 related health professionals means persons who practise a 25 profession providing health services that is not a health 26 profession under this Law. 27 Page 210

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 259] Division 5 Agency Management Committee 1 259 Members of Agency Management Committee 2 (1) A person who was, immediately before the commencement 3 day, a member of the Australian Health Practitioner 4 Regulation Agency Management Committee under the 5 repealed Law is taken to be a member of the Agency 6 Management Committee appointed under this Law. 7 (2) Without limiting subsection (1), a member of the Agency 8 Management Committee continues to hold office-- 9 (a) on the same terms and conditions that applied to the 10 person's appointment under the repealed Law; and 11 (b) until the day the member's term of appointment under 12 the repealed Law would have ended or the earlier day 13 the member otherwise vacates office under this Law. 14 (3) The person who, immediately before the commencement day, 15 held office as Chairperson of the Australian Health 16 Practitioner Regulation Agency Management Committee 17 under the repealed Law continues to hold office as 18 Chairperson of the Agency Management Committee under 19 this Law. 20 Division 6 Staff, consultants and contractors 21 of National Agency 22 260 Chief executive officer 23 The person who, immediately before the commencement day, 24 held office as chief executive officer of the Australian Health 25 Practitioner Regulation Agency under the repealed Law is 26 taken, from the commencement day, to have been appointed 27 as the chief executive officer of the National Agency under 28 this Law on the same terms and conditions that applied to the 29 person's appointment under the repealed Law. 30 Page 211

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 261] 261 Staff 1 (1) A person who, immediately before the commencement day, 2 was employed by the Australian Health Practitioner 3 Regulation Agency under the repealed Law is taken, from the 4 commencement day, to have been employed by the National 5 Agency under this Law. 6 (2) A secondment arrangement in force immediately before the 7 commencement day is taken, from the commencement day, to 8 have been made by the National Agency under this Law. 9 (3) In this section-- 10 secondment arrangement means an arrangement made under 11 the repealed Law by the Australian Health Practitioner 12 Regulation Agency for the services of any staff of a 13 government agency of a participating jurisdiction or the 14 Commonwealth. 15 262 Consultants and contractors 16 A person who, immediately before the commencement day, 17 was a consultant or contractor engaged by the Australian 18 Health Practitioner Regulation Agency under the repealed 19 Law is taken, from the commencement day, to have been 20 engaged by the National Agency under this Law. 21 Division 7 Reports 22 263 Annual report 23 Sections 35 and 36 of the repealed Law continue to apply to 24 the preparation and submission of the first annual report of the 25 Australian Health Practitioner Regulation Agency as if this 26 Law had not commenced. 27 Page 212

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 264] Division 8 National Boards 1 264 Members of National Boards 2 (1) A person who was, immediately before the commencement 3 day, a member of a National Health Practitioner Board under 4 the repealed Law is taken to be a member of the National 5 Board of the same name under this Law. 6 (2) Without limiting subsection (1), a member of a National 7 Board holds office-- 8 (a) on the same terms and conditions that applied to the 9 person's appointment under the repealed Law; and 10 (b) until the day the member's term of appointment under 11 the repealed Law would have ended or the earlier day 12 the member otherwise vacates office under this Law. 13 (3) A person who, immediately before the commencement day, 14 held office as Chairperson of a National Health Practitioner 15 Board is taken, from the commencement day, to hold office as 16 Chairperson of the National Board of the same name. 17 265 Committees 18 (1) From the commencement day, a committee established by a 19 National Health Practitioner Board under the repealed Law 20 and in existence immediately before the commencement day 21 is taken to be a committee established under this Law by the 22 National Board of the same name. 23 (2) A person who, immediately before the commencement day, 24 held office as a member of a committee established by a 25 National Health Practitioner Board under the repealed Law is 26 taken, from the commencement day, to hold office as a 27 member of the committee as continued in existence under 28 subsection (1). 29 266 Delegation 30 (1) This section applies if, under the repealed Law-- 31 Page 213

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 267] (a) a National Health Practitioner Board had delegated any 1 of its functions to a committee or the Australian Health 2 Practitioner Regulation Agency and the delegation was 3 in force immediately before the commencement day; or 4 (b) the Australian Health Practitioner Regulation Agency 5 had subdelegated a function delegated to it by a National 6 Health Practitioner Board to a member of the Agency's 7 staff and the subdelegation was in force immediately 8 before the commencement day. 9 (2) From the commencement day, the delegation or subdelegation 10 continues as if it were a delegation or subdelegation under this 11 Law. 12 Division 9 Agency Fund 13 267 Agency Fund 14 From the commencement day, the Australian Health 15 Practitioner Regulation Agency Fund established by the 16 repealed Law is taken to be the Agency Fund established by 17 this Law. 18 Division 10 Offences 19 268 Offences 20 Proceedings for an offence against the repealed Law may be 21 started or continued as if this Law had not commenced. 22 Division 11 Registration 23 269 General registration 24 (1) This section applies to a person who, immediately before the 25 participation day for a participating jurisdiction, held general 26 Page 214

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 270] registration (however described) in a health profession under 1 the law of that jurisdiction. 2 (2) From the participation day, the person is taken to hold general 3 registration under this Law in the health profession. 4 (3) In this section-- 5 general registration includes-- 6 (a) full registration, unconditional registration and 7 registration without conditions; and 8 (b) enrolment, unconditional enrolment and enrolment 9 without conditions. 10 270 Specialist registration 11 (1) This section applies if-- 12 (a) immediately before the participation day for a 13 participating jurisdiction, a person was a specialist 14 health practitioner in a specialty in a health profession 15 under the law of that jurisdiction; and 16 (b) from the participation day-- 17 (i) the specialty is a recognised specialty in the health 18 profession under this Law; or 19 (ii) a recognised specialty in the health profession 20 under this Law includes, or is equivalent to, the 21 specialty. 22 (2) From the participation day, the person is taken to hold 23 specialist registration in the recognised specialty in the health 24 profession under this Law. 25 (3) In this section-- 26 corresponding purpose means a purpose that is equivalent to, 27 or substantially equivalent to, a purpose for which limited 28 registration may be granted under this Law. 29 specialist health practitioner, in a specialty in a health 30 profession, means a person who held specialist registration in, 31 or was endorsed or otherwise authorised to practise, the 32 Page 215

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 271] specialty in the health profession but does not include a 1 person who held registration to practise the profession only 2 for a corresponding purpose. 3 271 Provisional registration 4 (1) This section applies to a person who, immediately before the 5 participation day for a participating jurisdiction, held 6 registration (however described) under a law of that 7 jurisdiction to enable the person to complete a period of 8 supervised practice or internship in a health profession 9 required for the person to be eligible for general registration 10 (however described) in the profession. 11 (2) From the participation day, the person is taken to hold 12 provisional registration in the health profession under this 13 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 18 the law of that jurisdiction that was granted for the practice of 19 the health 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 22 Law. 23 (3) In this section-- 24 corresponding purpose means a purpose that is equivalent to, 25 or substantially equivalent to, a purpose for which limited 26 registration may be granted under this Law. 27 273 Limited registration (public interest-occasional practice) 28 (1) This section applies to a person who, immediately before the 29 participation day for a participating jurisdiction, held a type of 30 Page 216

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 274] registration (however described) in a health profession under 1 the law of that jurisdiction that was granted-- 2 (a) subject to the following conditions limiting the scope of 3 the person's practise of the profession-- 4 (i) the person must not practise the profession other 5 than-- 6 (A) to refer a person to another registered health 7 practitioner; or 8 (B) to prescribe scheduled medicines in specified 9 circumstances; and 10 (ii) the person must not receive a fee or other benefit 11 for providing a service referred to in subparagraph 12 (i); or 13 (b) on the basis the person had indicated the person was 14 retired from regular practise and intended only to 15 practise on an occasional basis. 16 (2) From the participation day, the person is taken to hold limited 17 registration in the public interest under this Law for the 18 limited scope that applied to the person's practise of the health 19 profession immediately before the participation day. 20 274 Non-practising registration 21 (1) This section applies to a person who, immediately before the 22 participation day for a participating jurisdiction, held a type of 23 registration (however described) in a health profession under 24 the law of that jurisdiction that was granted subject to the 25 condition that the person must not practise the profession. 26 (2) From the participation day, the person is taken to hold 27 non-practising registration in the health profession under this 28 Law. 29 275 Registration for existing registered students 30 (1) This section applies if, immediately before the participation 31 day for a participating jurisdiction, a person held registration 32 Page 217

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 276] as a student in a health profession under the law of that 1 jurisdiction. 2 (2) From the participation day, the person is taken to hold student 3 registration in the health profession under this Law. 4 276 Registration for new students 5 (1) This section applies in relation to a person who, immediately 6 before the participation day for a participating jurisdiction-- 7 (a) was a student undertaking a program of study, provided 8 by an education provider located in the jurisdiction, that 9 from the participation day is an approved program of 10 study for a health profession; and 11 (b) was not required under the law of that jurisdiction to be 12 registered as a student in the health profession to 13 undertake the program of study or any part of the 14 program, including any clinical training or other 15 practice of the profession related to undertaking the 16 program. 17 (2) Despite Division 7 of Part 7, the National Board established 18 for the health profession is not required before 1 March 2011 19 to register the student in the profession. 20 277 Other registrations 21 (1) This section applies if-- 22 (a) immediately before the participation day for a 23 participating jurisdiction, a class of persons held a type 24 of registration in, or was endorsed or otherwise 25 authorised to practise, a health profession under the law 26 of that jurisdiction; and 27 (b) from the participation day, persons in that class are not 28 registered, endorsed or otherwise authorised to practise 29 the profession by another provision of this Division. 30 (2) From the participation day, persons in that class are taken to 31 hold the type of registration in the health profession that is 32 Page 218

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 278] specified for the class of persons in the registration transition 1 plan prepared under subsection (3) by the National Board 2 established for that profession. 3 (3) Before the participation day, each National Board must 4 prepare a registration transition plan that includes details of 5 the type of registration that is to be held under this Law by a 6 class of persons referred to in subsection (1). 7 (4) In preparing a registration transition plan, a National Board 8 must-- 9 (a) comply with any directions given by the Ministerial 10 Council that are relevant to the transitional 11 arrangements for the registration of the class of persons; 12 and 13 (b) have regard to the principle that persons in the class are 14 to be given the widest possible scope of practice of the 15 profession that is consistent with-- 16 (i) the authority the class of persons had to practise 17 the profession before the participation day; and 18 (ii) the protection of the safety of the public. 19 278 Endorsements 20 (1) This section applies to a person who, immediately before the 21 participation day for a participating jurisdiction-- 22 (a) held a type of registration in that jurisdiction in a health 23 profession for a corresponding purpose; or 24 (b) held general registration in that jurisdiction in a health 25 profession that had been endorsed for a corresponding 26 purpose. 27 (2) From the participation day, the person is taken to hold general 28 registration in the health profession that has been endorsed 29 under this Law for the purpose that is equivalent to, or 30 substantially equivalent to, the corresponding purpose. 31 (3) In this section-- 32 Page 219

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 279] corresponding purpose means a purpose that is equivalent to, 1 or substantially equivalent to, a purpose for which an 2 endorsement may be granted under this Law. 3 279 Conditions imposed on registration or endorsement 4 (1) This section applies if-- 5 (a) a person is taken to be registered under this Law, or the 6 person's registration under this Law is taken to be 7 endorsed, because of the person's registration or 8 endorsement under the law of a participating jurisdiction 9 before the participation day for the jurisdiction; and 10 (b) the person's registration or endorsement under the law 11 of that jurisdiction was, immediately before the 12 participation day, subject to a condition-- 13 (i) whether described as a condition, restriction or 14 otherwise; and 15 (ii) whether imposed by or under an Act of that 16 jurisdiction. 17 (2) From the participation day, the person's registration or 18 endorsement under this Law is taken to be subject to the same 19 condition. 20 280 Expiry of registration and endorsement 21 (1) This section applies if, under this Division, a person is taken 22 to be registered under this Law because of the person's 23 registration or endorsement under the law of a participating 24 jurisdiction. 25 (2) The person's registration, and any endorsement of the 26 registration, expires on-- 27 (a) if the person was registered in more than one 28 participating jurisdiction, the end of the latest day on 29 which under the law of a participating jurisdiction-- 30 (i) any of the registrations would have expired; or 31 Page 220

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 281] (ii) an annual registration fee for any of the 1 registrations would have become payable; or 2 (b) otherwise, at the end of the day on which under the law 3 of the participating jurisdiction-- 4 (i) the registration would have expired; or 5 (ii) an annual registration fee for the registration would 6 have become payable. 7 (3) Subsection (2) does not prevent a National Board suspending 8 or cancelling the person's registration under this Law. 9 281 Protected titles for certain specialist health practitioners 10 (1) This section applies if-- 11 (a) immediately before the participation day for a 12 participating jurisdiction, a person held specialist 13 registration in a health profession in that jurisdiction; 14 and 15 (b) on the participation day the health profession is not a 16 profession for which specialist recognition operates 17 under this Law. 18 (2) Despite section 118, the person does not commit an offence 19 during the transition period merely because the person takes 20 or uses-- 21 (a) the title "specialist health practitioner"; or 22 (b) another title the person was entitled to use under the law 23 of the participating jurisdiction as in force immediately 24 before the participation day. 25 (3) In this section-- 26 transition period means the period-- 27 (a) starting at the beginning of the commencement day; and 28 (b) ending at the end of the day that is 3 years after the 29 commencement day. 30 Page 221

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 282] 282 First renewal of registration or endorsement 1 (1) This section applies if-- 2 (a) a health practitioner's registration or endorsement 3 expires under section 280; and 4 (b) the National Board decides to renew the health 5 practitioner's registration or endorsement under section 6 112. 7 (2) Despite section 112(6), the National Board may decide that 8 the period for which the registration or endorsement is 9 renewed is a period of not more than 2 years. 10 283 Programs of study 11 (1) This section applies if, immediately before the participation 12 day for a participating jurisdiction, a program of study 13 provided a qualification for registration in a health profession 14 in that jurisdiction. 15 (2) From the participation day, the program of study is taken to be 16 an approved program of study for that health profession as if it 17 had been approved under this Law. 18 (3) The National Agency must, as soon as practicable after the 19 participation day, include an approved program of study under 20 subsection (2) in the list published under section 49(5). 21 284 Exemption from requirement for professional indemnity 22 insurance arrangements for midwives practising private 23 midwifery 24 (1) During the transition period, a midwife does not contravene 25 section 129(1) merely because the midwife practises private 26 midwifery if-- 27 (a) the practise occurs in a participating jurisdiction in 28 which, immediately before the participation day for that 29 jurisdiction, a person was not prohibited from attending 30 homebirths in the course of practising midwifery unless 31 professional indemnity insurance arrangements were in 32 place; and 33 Page 222

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 284] (b) informed consent has been given by the woman in 1 relation to whom the midwife is practising private 2 midwifery; and 3 (c) the midwife complies with any requirements set out in a 4 code or guideline approved by the National Board under 5 section 39 about the practise of private midwifery, 6 including-- 7 (i) any requirement in a code or guideline about 8 reports to be provided by midwives practising 9 private midwifery; and 10 (ii) any requirement in a code or guideline relating to 11 the safety and quality of the practise of private 12 midwifery. 13 (2) A midwife who practises private midwifery under this section 14 is not required to include in an annual statement under section 15 109 a declaration required by subsection (1)(a)(iv) and (v) of 16 that section in relation to the midwife's practise of private 17 midwifery during a period of registration that is within the 18 transition period. 19 (3) For the purposes of this section, the transition period-- 20 (a) starts on 1 July 2010; and 21 (b) ends on the prescribed day. 22 (4) If the National Board decides appropriate professional 23 indemnity arrangements are available in relation to the 24 practice of private midwifery, the Board may recommend to 25 the Ministerial Council that the transition period, and the 26 exemption provided by this section during the transition 27 period, should end. 28 (5) In this section-- 29 homebirth means a birth in which the mother gives birth at 30 her own home or another person's home. 31 informed consent means written consent given by a woman 32 after she has been given a written statement by a midwife that 33 includes-- 34 Page 223

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 285] (a) a statement that appropriate professional indemnity 1 insurance arrangements will not be in force in relation to 2 the midwife's practise of private midwifery; and 3 (b) any other information required by the National Board. 4 midwife means a person whose name is included in the 5 Register of Midwives kept by the National Board. 6 National Board means the Nursing and Midwifery Board of 7 Australia. 8 private midwifery means practising the nursing and 9 midwifery profession-- 10 (a) in the course of attending a homebirth; and 11 (b) without appropriate professional indemnity insurance 12 arrangements being in force in relation to that practise; 13 and 14 (c) other than as an employee of an entity. 15 transition period means the period referred to in subsection 16 (3). 17 Division 12 Applications for registration and 18 endorsement 19 285 Applications for registration 20 (1) This section applies if, immediately before the participation 21 day for a participating jurisdiction, an application for 22 registration or renewal of registration in a health profession 23 had been made to a local registration authority for the 24 jurisdiction but not decided. 25 (2) From the participation day, the application is taken to have 26 been made under this Law to the National Board for the health 27 profession. 28 Page 224

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 286] 286 Applications for endorsement 1 (1) This section applies if, immediately before the participation 2 day for a participating jurisdiction, an application for 3 endorsement or renewal of an endorsement of a registration in 4 a health profession had been made to a local registration 5 authority for the jurisdiction but not decided. 6 (2) From the participation day, the application is taken to have 7 been made under this Law to the National Board for the health 8 profession. 9 287 Disqualifications and conditions relevant to applications 10 for registration 11 (1) This section applies if-- 12 (a) under a corresponding prior Act or another law of a 13 participating jurisdiction, a person's registration in a 14 health profession had been cancelled in that jurisdiction 15 by an entity; and 16 (b) in cancelling the person's registration the entity also 17 made any of the following decisions-- 18 (i) a decision to set a period during which the person 19 was disqualified from applying for registration, or 20 being registered, in a health profession in the 21 participating jurisdiction; 22 (ii) a decision to set conditions under which the person 23 might reapply for registration in the profession; 24 (iii) a decision to set conditions that must be imposed 25 on any future registration of the person in the 26 profession; and 27 (c) immediately before the participation day, the decision 28 was still in force. 29 (2) From the participation day, the decision continues as if it had 30 been made under this Law by the responsible tribunal for the 31 participating jurisdiction. 32 Page 225

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 288] Division 13 Complaints, notifications and 1 disciplinary proceedings 2 288 Complaints and notifications made but not being dealt 3 with on participation day 4 (1) This section applies if, immediately before the participation 5 day for a participating jurisdiction, a local registration 6 authority for the jurisdiction had received but not started 7 dealing with a complaint or notification about a person 8 registered in a health profession by the authority. 9 (2) From the participation day, the complaint or notification is 10 taken to be a notification made under this Law to the National 11 Agency. 12 (3) This section does not apply to a co-regulatory jurisdiction. 13 289 Complaints and notifications being dealt with on 14 participation day 15 (1) This section applies if, immediately before the participation 16 day for a participating jurisdiction, a local registration 17 authority for the jurisdiction had started but not completed 18 dealing with a complaint or notification about a person 19 registered in a health profession by the authority. 20 (2) From the participation day-- 21 (a) the complaint or notification is taken to be a notification 22 made under this Law and is to be dealt with by the 23 National Board for the health profession; and 24 (b) the notification is to continue to be dealt with under the 25 Act of the participating jurisdiction under which it was 26 made, and any proceedings or appeal relating to the 27 notification may be dealt with, as if that Act had not 28 been repealed. 29 (3) For the purposes of this section, the Act of the participating 30 jurisdiction applies-- 31 Page 226

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 290] (a) as if a reference to the local registration authority were a 1 reference to the National Board; and 2 (b) with any other changes that are necessary or convenient. 3 (4) The National Board must give effect to a decision made on an 4 inquiry, investigation, proceeding or appeal completed under 5 the Act of the participating jurisdiction as if it were a decision 6 under this Law. 7 (5) This section does not apply to a co-regulatory jurisdiction. 8 290 Effect of suspension 9 (1) This section applies if-- 10 (a) because of another provision of this Part, a person is 11 taken to be registered under this Law; and 12 (b) immediately before the participation day for the 13 participating jurisdiction in which the person was 14 registered under a corresponding prior Act, the person's 15 registration was suspended under a law of that 16 jurisdiction. 17 (2) From the participation day, the person's registration is taken to 18 have been suspended under this Law. 19 291 Undertakings and other agreements 20 (1) This section applies if, immediately before the participation 21 day for a participating jurisdiction, an undertaking or other 22 agreement between a person registered under a corresponding 23 prior Act and the local registration authority for a health 24 profession was in force. 25 (2) From the participation day, the undertaking or other 26 agreement is taken to have been entered into under this Law 27 between the person and the National Board established for the 28 health profession. 29 Page 227

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 292] 292 Orders 1 (1) This section applies if-- 2 (a) under a corresponding prior Act of a participating 3 jurisdiction, an adjudication body had, at the end of a 4 proceeding before the adjudication body about a health 5 practitioner's practice or conduct, ordered the health 6 practitioner to do, or refrain from doing, something; and 7 (b) immediately before the participation day, the order was 8 still in force. 9 (2) From the participation day, the order continues in force as if it 10 had been made under this Law. 11 (3) In this section-- 12 adjudication body means a court, tribunal, panel or local 13 registration authority. 14 293 List of approved persons 15 (1) This section applies if, immediately before the participation 16 day for a participating jurisdiction, a person was appointed as 17 a member of a list of persons approved to be appointed as 18 members of a body that exercised functions that correspond to 19 a panel for a health profession. 20 (2) From the participation day, the person is taken to have been 21 appointed by the National Board established for the health 22 profession to the list kept by that Board under section 183. 23 Division 14 Local registration authority 24 294 Definition 25 In this Division-- 26 transfer day, for a participating jurisdiction, means-- 27 (a) for a health profession other than a relevant health 28 profession-- 29 Page 228

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 295] (i) 1 July 2010; or 1 (ii) the later day on which the jurisdiction became a 2 participating jurisdiction; or 3 (b) for a relevant health profession, 1 July 2012. 4 295 Assets and liabilities 5 (1) From the transfer day for a participating jurisdiction-- 6 (a) the assets and liabilities of a local registration authority 7 for a health profession in a participating jurisdiction are 8 taken to be assets and liabilities of the National Agency 9 and are to be paid into or out of the account kept in the 10 Agency Fund for the National Board established for the 11 profession; and 12 (b) any contract, other than an employment contract, 13 entered into by or on behalf of the local registration 14 authority and all guarantees, undertakings and securities 15 given by or on behalf of the authority, in force 16 immediately before the participation day, are taken to 17 have been entered into or given by or to the National 18 Agency and may be enforced against or by the Agency; 19 and 20 (c) any property that, immediately before the participation 21 day, was held on trust, or subject to a condition, by the 22 local registration authority continues to be held by the 23 National Agency on the same trust, or subject to the 24 same condition and is to be paid into the account kept in 25 the Agency Fund for the National Board. 26 (2) In this section-- 27 employment contract means either of the following under 28 which a person is employed-- 29 (a) a contract of employment; 30 (b) a contract for services. 31 Page 229

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 296] 296 Records relating to registration and accreditation 1 (1) This section applies to a record of a local registration 2 authority for a health profession in a participating jurisdiction 3 that relates to the authority's functions in relation to the 4 following-- 5 (a) the registration of individuals; 6 (b) complaints and notifications about, and proceedings 7 against, individuals who are or were registered; 8 (c) accreditation of courses that qualify individuals for 9 registration. 10 (2) From the transfer day for the participating jurisdiction, the 11 record is taken to be a record of the National Board for the 12 health profession. 13 297 Financial and administrative records 14 (1) This section applies to a record of a local registration 15 authority in a participating jurisdiction that relates to the 16 authority's financial or administrative functions. 17 (2) From the transfer day for the participating jurisdiction, the 18 record is taken to be a record of the National Agency. 19 298 Pharmacy businesses and premises 20 Sections 295 to 297 do not apply to an asset, liability, 21 contract, property or record of a local registration authority 22 that relates to the regulation of a pharmacy business, 23 pharmacy premises, a pharmacy department or any other 24 pharmacy-related entity that is not an individual. 25 299 Members of local registration authority 26 (1) This section applies if, in anticipation of a jurisdiction 27 becoming a participating jurisdiction, a National Board 28 established for a health profession establishes a State or 29 Territory Board for the jurisdiction. 30 Page 230

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 300] (2) A person who, immediately before the State or Territory 1 Board was established, was a member of the local registration 2 authority for the profession in the participating jurisdiction is 3 taken to be a member of the State or Territory Board. 4 (3) Section 36(5) and (6) do not apply to the membership of a 5 State or Territory Board for a jurisdiction for 12 months after 6 the jurisdiction becomes a participating jurisdiction. 7 Note. Section 36(5) and (6) provide requirements for the number of 8 practitioner members and community members required by a State or 9 Territory Board. 10 Division 15 Staged commencement for certain 11 health professions 12 300 Application of Law to relevant health profession between 13 commencement and 1 July 2012 14 (1) This Law does not apply with respect to a relevant health 15 profession during the period starting on the commencement 16 day and ending on 30 June 2011. 17 (2) The following Parts of this Law do not apply with respect to a 18 relevant health profession during the period starting on 1 July 19 2011 and ending on 30 June 2012-- 20 (a) Part 7, other than Division 10; 21 (b) Parts 8 to 11. 22 (3) Despite subsection (2)(a), a person does not commit an 23 offence against a provision of Division 10 of Part 7 merely 24 because, before 1 July 2012, the person-- 25 (a) takes or uses a title, name, initial, symbol, word or 26 description that, having regard to the circumstances in 27 which it is taken or used, indicates or could be 28 reasonably understood to indicate that the person is 29 authorised or qualified to practise in a relevant health 30 profession; or 31 Page 231

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 301] (b) uses a title that is listed in the Table to section 113 1 opposite a relevant health profession. 2 301 Ministerial Council may appoint external accreditation 3 entity 4 (1) The Ministerial Council may appoint an entity, other than a 5 committee established by a National Board, to exercise an 6 accreditation function for a relevant health profession. 7 (2) Without limiting subsection (1), an entity that accredited 8 courses for the purposes of registration in a relevant health 9 profession under a corresponding prior Act may be appointed 10 to exercise an accreditation function for the profession under 11 this Law. 12 (3) The National Board established for the health profession 13 must, not later than 1 July 2015, review the arrangements for 14 the exercise of the accreditation functions for the health 15 profession. 16 (4) The National Board must ensure the process for the review 17 includes wide-ranging consultation about the arrangements 18 for the exercise of the accreditation functions. 19 (5) If an entity is appointed under subsection (1) to exercise an 20 accreditation function for a health profession, the National 21 Board established for the profession must not, before 1 July 22 2015, end that entity's appointment. 23 302 Application of Law to appointment of first National Board 24 for relevant professions 25 Despite section 34(2), a person is eligible for appointment as a 26 practitioner member of the first National Board for a relevant 27 health profession if the person-- 28 (a) is registered in the profession under a law of a 29 participating jurisdiction; or 30 (b) holds a qualification that entitles the person to 31 registration in the profession under a law of a 32 participating jurisdiction; or 33 Page 232

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 303] (c) is otherwise eligible to apply for or hold registration in 1 the profession under the law of a participating 2 jurisdiction. 3 303 Qualifications for general registration in relevant 4 profession 5 (1) For the purposes of section 52(1)(a), an individual who 6 applies for registration in a relevant health profession before 1 7 July 2015 is qualified for general registration in the profession 8 if the individual-- 9 (a) holds a qualification or has completed training in the 10 profession, whether in a participating jurisdiction or 11 elsewhere, that the National Board established for the 12 profession considers is adequate for the purposes of 13 practising the profession; or 14 (b) holds a qualification or has completed training in the 15 profession, whether in a participating jurisdiction or 16 elsewhere, and has completed any further study, training 17 or supervised practice in the profession required by the 18 Board for the purposes of this section; or 19 (c) has practised the profession at any time between 1 July 20 2002 and 30 June 2012 for a consecutive period of 5 21 years or for any periods which together amount to 5 22 years. 23 (2) This section applies despite section 53. 24 304 Relationship with other provisions of Law 25 This Division applies despite any other provision of this Law 26 but does not affect the operation of clause 30 of Schedule 7. 27 Page 233

Health Practitioner Regulation National Law Bill 2009 Part 12 Transitional provisions [s 305] Division 16 Savings and transitional regulations 1 305 Savings and transitional regulations 2 (1) The regulations may contain provisions (savings and 3 transitional provisions) of a savings or transitional nature-- 4 (a) consequent on the enactment of this Law in a 5 participating jurisdiction; or 6 (b) to otherwise allow or facilitate the change from the 7 operation of a law of the participating jurisdiction 8 relating to health practitioners to the operation of this 9 Law. 10 (2) Savings and transitional provisions may have retrospective 11 operation to a day not earlier than the participation day for 12 that participating jurisdiction. 13 (3) This section and any savings and transitional provisions 14 expire on 30 June 2015. 15 Page 234

Health Practitioner Regulation National Law Bill 2009 Schedule 1 Schedule 1 Constitution and procedure of 1 Advisory Council 2 (Section 22) 3 Part 1 General 4 1 Definitions 5 In this Schedule-- 6 Chairperson means the Chairperson of the Advisory Council. 7 member means a member of the Advisory Council. 8 Part 2 Constitution 9 2 Terms of office of members 10 Subject to this Schedule, a member holds office for the period 11 (not exceeding 3 years) specified in the member's instrument 12 of appointment, but is eligible (if otherwise qualified) for 13 reappointment. 14 3 Remuneration 15 A member is entitled to be paid such remuneration (including 16 travelling and subsistence allowances) as the Ministerial 17 Council may from time to time determine with respect to the 18 member. 19 4 Vacancy in office of member 20 (1) The office of a member becomes vacant if the member-- 21 Page 235

Health Practitioner Regulation National Law Bill 2009 Schedule 1 (a) completes the member's term of office; or 1 (b) resigns the office by instrument in writing addressed to 2 the Chairperson of the Ministerial Council; or 3 (c) is removed from office by the Chairperson of the 4 Ministerial Council under this clause; or 5 (d) dies. 6 (2) The Chairperson of the Ministerial Council may remove a 7 member from office if-- 8 (a) the member has been found guilty of an offence 9 (whether in a participating jurisdiction or elsewhere) 10 that, in the opinion of the Chairperson of the Ministerial 11 Council, renders the member unfit to continue to hold 12 the office of member; or 13 (b) the member ceases to be a registered health practitioner 14 as a result of the member's misconduct, impairment or 15 incompetence; or 16 (c) the Advisory Council recommends the removal of the 17 member, on the basis that the member has engaged in 18 misconduct or has failed or is unable to properly 19 exercise the member's functions as a member. 20 (3) In addition, the Chairperson of the Ministerial Council may 21 remove the Chairperson of the Advisory Council from office 22 as a member if the Chairperson of the Advisory Council 23 becomes a registered health practitioner. 24 5 Extension of term of office during vacancy in 25 membership 26 (1) If the office of a member becomes vacant because the member 27 has completed the member's term of office, the member is 28 taken to continue to be a member during that vacancy until the 29 date on which the vacancy is filled (whether by reappointment 30 of the member or appointment of a successor to the member). 31 (2) However, this clause ceases to apply to the member if-- 32 Page 236

Health Practitioner Regulation National Law Bill 2009 Schedule 1 (a) the member resigns the member's office by instrument 1 in writing addressed to the Chairperson of the 2 Ministerial Council; or 3 (b) the Chairperson of the Ministerial Council determines 4 that the services of the member are no longer required. 5 (3) The maximum period for which a member is taken to continue 6 to be a member under this clause after completion of the 7 member's term of office is 6 months. 8 6 Disclosure of conflict of interest 9 (1) If-- 10 (a) a member has a direct or indirect pecuniary or other 11 interest in a matter being considered or about to be 12 considered at a meeting of the Advisory Council; and 13 (b) the interest appears to raise a conflict with the proper 14 performance of the member's duties in relation to the 15 consideration of the matter; 16 the member must, as soon as possible after the relevant facts 17 have come to the member's knowledge, disclose the nature of 18 the interest at a meeting of the Advisory Council. 19 (2) Particulars of any disclosure made under this clause must be 20 recorded by the Advisory Council in a book kept for the 21 purpose. 22 (3) After a member has disclosed the nature of an interest in any 23 matter, the member must not, unless the Ministerial Council 24 or the Advisory Council otherwise determines-- 25 (a) be present during any deliberation of the Advisory 26 Council with respect to the matter; or 27 (b) take part in any decision of the Advisory Council with 28 respect to the matter. 29 (4) For the purposes of the making of a determination by the 30 Advisory Council under subclause (3), a member who has a 31 direct or indirect pecuniary or other interest in a matter to 32 which the disclosure relates must not-- 33 Page 237

Health Practitioner Regulation National Law Bill 2009 Schedule 1 (a) be present during any deliberation of the Advisory 1 Council for the purpose of making the determination; or 2 (b) take part in the making of the determination by the 3 Advisory Council. 4 (5) A contravention of this clause does not invalidate any decision 5 of the Advisory Council. 6 Part 3 Procedure 7 7 General procedure 8 The procedure for the calling of meetings of the Advisory 9 Council and for the conduct of business at those meetings is, 10 subject to this Law, to be as determined by the Advisory 11 Council. 12 8 Quorum 13 The quorum for a meeting of the Advisory Council is a 14 majority of its members for the time being. 15 9 Presiding member 16 The Chairperson (or, in the absence of the Chairperson, a 17 person elected by the members of the Advisory Council who 18 are present at a meeting of the Advisory Council) is to preside 19 at a meeting of the Advisory Council. 20 10 Transaction of business outside meetings or by 21 telecommunication 22 (1) The Advisory Council may, if it thinks fit, transact any of its 23 business by the circulation of papers among all the members 24 of the Advisory Council for the time being, and a resolution in 25 writing approved in writing by a majority of those members is 26 taken to be a decision of the Advisory Council. 27 Page 238

Health Practitioner Regulation National Law Bill 2009 Schedule 1 (2) The Advisory Council may, if it thinks fit, transact any of its 1 business at a meeting at which members (or some members) 2 participate by telephone, closed-circuit television or other 3 means, but only if any member who speaks on a matter before 4 the meeting can be heard by the other 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 9 as they have at an ordinary meeting of the Advisory Council. 10 (4) Papers may be circulated among the members for the 11 purposes of subclause (1) by facsimile, email or other 12 transmission of the information in the papers concerned. 13 11 First meeting 14 The Chairperson may call the first meeting of the Advisory 15 Council in any manner the Chairperson thinks fit. 16 Page 239

Health Practitioner Regulation National Law Bill 2009 Schedule 2 Schedule 2 Agency Management 1 Committee 2 (Section 29) 3 Part 1 General 4 1 Definitions 5 In this Schedule-- 6 Chairperson means the Chairperson of the Committee. 7 Committee means the Agency Management Committee. 8 member means a member of the Committee. 9 Part 2 Constitution 10 2 Terms of office of members 11 Subject to this Schedule, a member holds office for the period 12 (not exceeding 3 years) specified in the member's instrument 13 of appointment, but is eligible (if otherwise qualified) for 14 reappointment. 15 3 Remuneration 16 A member is entitled to be paid such remuneration (including 17 travelling and subsistence allowances) as the Ministerial 18 Council may from time to time determine with respect to the 19 member. 20 4 Vacancy in office of member 21 (1) The office of a member becomes vacant if the member-- 22 Page 240

Health Practitioner Regulation National Law Bill 2009 Schedule 2 (a) completes a term of office; or 1 (b) resigns the office by instrument in writing addressed to 2 the Chairperson of the Ministerial Council; or 3 (c) is removed from office by the Chairperson of the 4 Ministerial Council under this clause; or 5 (d) is absent, without leave first being granted by the 6 Chairperson of the Committee, from 3 or more 7 consecutive meetings of the Committee of which 8 reasonable notice has been given to the member 9 personally or by post; or 10 (e) dies. 11 (2) The Chairperson of the Ministerial Council may remove a 12 member from office if-- 13 (a) the member has been found guilty of an offence 14 (whether in a participating jurisdiction or elsewhere) 15 that, in the opinion of the Chairperson of the Ministerial 16 Council, renders the member unfit to continue to hold 17 the office of member; or 18 (b) the member ceases to be a registered health practitioner 19 as a result of the member's misconduct, impairment or 20 incompetence; or 21 (c) the member becomes bankrupt, applies to take the 22 benefit of any law for the relief of bankrupt or insolvent 23 debtors, compounds with the member's creditors or 24 makes an assignment of the member's remuneration for 25 their benefit; or 26 (d) the Committee recommends the removal of the member, 27 on the basis that the member has engaged in misconduct 28 or has failed or is unable to properly exercise the 29 member's functions as a member. 30 (3) In addition, the Chairperson of the Ministerial Council may 31 remove the Chairperson of the Committee from office as a 32 member if the Chairperson of the Committee becomes a 33 registered health practitioner. 34 Page 241

Health Practitioner Regulation National Law Bill 2009 Schedule 2 5 Vacancies to be advertised 1 (1) Before the Ministerial Council appoints a member of the 2 Committee, the vacancy to be filled is to be publicly 3 advertised. 4 (2) It is not necessary to advertise a vacancy in the membership of 5 the Committee before appointing a person to act in the office 6 of a member. 7 Note. The general interpretation provisions applicable to this Law under 8 section 6 confer power to appoint acting members of the Agency 9 Management Committee. 10 6 Extension of term of office during vacancy in 11 membership 12 (1) If the office of a member becomes vacant because the member 13 has completed the member's term of office, the member is 14 taken to continue to be a member during that vacancy until the 15 date on which the vacancy is filled (whether by reappointment 16 of the member or appointment of a successor to the member). 17 (2) However, this clause ceases to apply to the member if-- 18 (a) the member resigns the member's office by instrument 19 in writing addressed to the Chairperson of the 20 Ministerial Council; or 21 (b) the Chairperson of the Ministerial Council determines 22 that the services of the member are no longer required. 23 (3) The maximum period for which a member is taken to continue 24 to be a member under this clause after completion of the 25 member's term of office is 6 months. 26 7 Members to act in public interest 27 (1) A member of the Committee is to act impartially and in the 28 public interest in the exercise of the member's functions as a 29 member. 30 (2) Accordingly, a member of the Committee is to put the public 31 interest before the interests of particular health practitioners or 32 any body or organisation that represents health practitioners. 33 Page 242

Health Practitioner Regulation National Law Bill 2009 Schedule 2 8 Disclosure of conflict of interest 1 (1) If-- 2 (a) a member has a direct or indirect pecuniary or other 3 interest in a matter being considered or about to be 4 considered at a meeting of the Committee; and 5 (b) the interest appears to raise a conflict with the proper 6 performance of the member's duties in relation to the 7 consideration of the matter; 8 the member must, as soon as possible after the relevant facts 9 have come to the member's knowledge, disclose the nature of 10 the interest at a meeting of the Committee. 11 (2) Particulars of any disclosure made under this clause must be 12 recorded by the Committee in a book kept for the purpose. 13 (3) After a member has disclosed the nature of an interest in any 14 matter, the member must not, unless the Ministerial Council 15 or the Committee otherwise determines-- 16 (a) be present during any deliberation of the Committee 17 with respect to the matter; or 18 (b) take part in any decision of the Committee with respect 19 to the matter. 20 (4) For the purposes of the making of a determination by the 21 Committee under subclause (3), a member who has a direct or 22 indirect pecuniary or other interest in a matter to which the 23 disclosure relates must not-- 24 (a) be present during any deliberation of the Committee for 25 the purpose of making the determination; or 26 (b) take part in the making of the determination by the 27 Committee. 28 (5) A contravention of this clause does not invalidate any decision 29 of the Committee. 30 Page 243

Health Practitioner Regulation National Law Bill 2009 Schedule 2 Part 3 Procedure 1 9 General procedure 2 The procedure for the calling of meetings of the Committee 3 and for the conduct of business at those meetings is, subject to 4 this Law, to be as determined by the Committee. 5 10 Quorum 6 The quorum for a meeting of the Committee is a majority of 7 its members for the time being. 8 11 Chief executive officer may attend meetings 9 The chief executive officer of the National Agency may attend 10 meetings of the Committee and may participate in discussions 11 of the Committee, 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 14 person elected by the members of the Committee who are 15 present at a meeting of the Committee) is to preside at a 16 meeting of the Committee. 17 (2) The presiding member has a deliberative vote and, in the event 18 of an equality of votes, has a second or casting vote. 19 13 Voting 20 A decision supported by a majority of the votes cast at a 21 meeting of the Committee at which a quorum is present is the 22 decision of the Committee. 23 14 Transaction of business outside meetings or by 24 telecommunication 25 (1) The Committee may, if it thinks fit, transact any of its business 26 by the circulation of papers among all the members of the 27 Page 244

Health Practitioner Regulation National Law Bill 2009 Schedule 2 Committee for the time being, and a resolution in writing 1 approved in writing by a majority of those members is taken 2 to be a decision of the Committee. 3 (2) The Committee may, if it thinks fit, transact any of its business 4 at a meeting at which members (or some members) participate 5 by telephone, closed-circuit television or other means, but 6 only if any member who speaks on a matter before the 7 meeting can be heard by the other members. 8 (3) For the purposes of-- 9 (a) the approval of a resolution under subclause (1); or 10 (b) a meeting held in accordance with subclause (2); 11 the Chairperson and each member have the same voting rights 12 as they have at an ordinary meeting of the Committee. 13 (4) Papers may be circulated among the members for the 14 purposes of subclause (1) by facsimile, email or other 15 transmission of the information in the papers concerned. 16 15 First meeting 17 The Chairperson may call the first meeting of the Committee 18 in any manner the Chairperson thinks fit. 19 16 Defects in appointment of members 20 A decision of the Committee is not invalidated by any defect 21 or irregularity in the appointment of any member (or acting 22 member) of the Committee. 23 Page 245

Health Practitioner Regulation National Law Bill 2009 Schedule 3 Schedule 3 National Agency 1 (Section 23) 2 Part 1 Chief executive officer 3 1 Chief executive officer 4 (1) The Agency Management Committee is to appoint a person as 5 chief executive officer of the National Agency. 6 (2) The chief executive officer of the National Agency is to be 7 appointed for a period, not more than 5 years, specified in the 8 officer's instrument of appointment, but is eligible for 9 reappointment. 10 (3) The chief executive officer of the National Agency is taken, 11 while holding that office, to be a member of the staff of the 12 National Agency. 13 2 Functions of chief executive officer 14 (1) The chief executive officer of the National Agency has the 15 functions conferred on the chief executive officer by written 16 instrument of the Agency Management Committee. 17 (2) The Agency Management Committee may delegate any of the 18 functions of the National Agency, or of the Agency 19 Management Committee, to the chief executive officer of the 20 National Agency, other than this power of delegation. 21 3 Delegation and subdelegation by chief executive officer 22 (1) The chief executive officer of the National Agency may 23 delegate any of the functions conferred on the officer under 24 clause 2(1) to a member of the staff of the National Agency, 25 other than this power of delegation. 26 (2) The chief executive officer of the National Agency may 27 subdelegate any function delegated to the officer under clause 28 Page 246

Health Practitioner Regulation National Law Bill 2009 Schedule 3 2(2) to any member of the staff of the National Agency if the 1 chief executive officer is authorised to do so by the Agency 2 Management Committee. 3 4 Vacancy in office 4 (1) The office of the chief executive officer of the National 5 Agency becomes vacant if-- 6 (a) the chief executive officer resigns the officer's office by 7 written instrument addressed to the Chairperson of the 8 Agency Management Committee; or 9 (b) the appointment of the chief executive officer is 10 terminated by the Agency Management Committee 11 under this clause. 12 (2) The Agency Management Committee may, at any time and for 13 any reason, terminate the appointment of the chief executive 14 officer of the National Agency by written notice given to the 15 chief executive officer. 16 Part 2 Staff, consultants and 17 contractors 18 5 Staff of National Agency 19 (1) The National Agency may, for the purpose of performing its 20 functions, employ staff. 21 (2) The staff of the National Agency are to be employed on the 22 terms and conditions decided by the National Agency from 23 time to time. 24 (3) Subclause (2) is subject to any relevant industrial award or 25 agreement that applies to the staff. 26 Page 247

Health Practitioner Regulation National Law Bill 2009 Schedule 3 6 Staff seconded to National Agency 1 The National Agency may make arrangements for the services 2 of any of the following persons to be made available to the 3 National Agency in connection with the exercise of its 4 functions-- 5 (a) a person who is a member of the staff of a government 6 agency of a participating jurisdiction or the 7 Commonwealth; 8 (b) a person who is a member of the staff of a local 9 registration authority. 10 7 Consultants and contractors 11 (1) The National Agency may engage persons with suitable 12 qualifications and experience as consultants or contractors. 13 (2) The terms and conditions of engagement of consultants or 14 contractors are as decided by the National Agency from time 15 to time. 16 Part 3 Reporting obligations 17 8 Annual report 18 (1) The National Agency must, within 3 months after the end of 19 each financial year, submit an annual report for the financial 20 year to the Ministerial Council. 21 (2) The annual report must include-- 22 (a) a financial statement for the National Agency, and each 23 National Board, for the period to which the report 24 relates; and 25 (b) a report about the Agency's performance of its functions 26 under this Law during the period to which the annual 27 report relates. 28 Page 248

Health Practitioner Regulation National Law Bill 2009 Schedule 3 (3) The financial statement is to be prepared in accordance with 1 Australian Accounting Standards. 2 (4) The financial statement is to be audited by a public sector 3 auditor and a report is to be provided by the auditor. 4 (5) The Ministerial Council is to make arrangements for the 5 tabling of the annual report of the National Agency, and the 6 report of the public sector auditor with respect to the financial 7 statement in the report, in the Parliament of each participating 8 jurisdiction and the Commonwealth. 9 (6) The Ministerial Council may extend, or further extend, the 10 period for submission of an annual report to the Council by a 11 total period of up to 3 months. 12 (7) In this clause-- 13 public sector auditor means-- 14 (a) the Auditor-General (however described) of a 15 participating jurisdiction; or 16 (b) an auditor employed, appointed or otherwise engaged 17 by an Auditor-General of a participating jurisdiction. 18 9 Reporting by National Boards 19 (1) A National Board must, if asked by the National Agency, give 20 the National Agency the information the National Agency 21 requires to compile its annual report, including-- 22 (a) a report about the National Board's performance of its 23 functions under this Law during the period to which the 24 annual report relates; and 25 (b) a statement of the income and expenditure of the 26 National Board for the period to which the annual report 27 relates, presented by reference to the budget of the 28 National Board for that period. 29 (2) The information provided by the National Board is to be 30 incorporated in the relevant annual report for the National 31 Agency. 32 Page 249

Health Practitioner Regulation National Law Bill 2009 Schedule 4 Schedule 4 National Boards 1 (Section 33) 2 Part 1 General 3 1 Definitions 4 In this Schedule-- 5 Chairperson means the Chairperson of a National Board. 6 community member means a member of a National Board 7 appointed as a community member. 8 member means a member of a National Board. 9 Part 2 Constitution 10 2 Terms of office of members 11 Subject to this Schedule, a member holds office for the period 12 (not exceeding 3 years) specified in the member's instrument 13 of appointment, but is eligible (if otherwise qualified) for 14 reappointment. 15 3 Remuneration 16 A member is entitled to be paid such remuneration (including 17 travelling and subsistence allowances) as the Ministerial 18 Council may from time to time determine with respect to the 19 member. 20 4 Vacancy in office of member 21 (1) The office of a member becomes vacant if the member-- 22 Page 250

Health Practitioner Regulation National Law Bill 2009 Schedule 4 (a) completes a term of office; or 1 (b) resigns the office by instrument in writing addressed to 2 the Chairperson of the Ministerial Council; or 3 (c) is removed from office by the Chairperson of the 4 Ministerial Council under this clause; or 5 (d) is absent, without leave first being granted by the 6 Chairperson of the Board, from 3 or more consecutive 7 meetings of the National Board of which reasonable 8 notice has been given to the member personally or by 9 post; or 10 (e) dies. 11 (2) The Chairperson of the Ministerial Council may remove a 12 member from office if-- 13 (a) the member has been found guilty of an offence 14 (whether in a participating jurisdiction or elsewhere) 15 that, in the opinion of the Chairperson of the Ministerial 16 Council, renders the member unfit to continue to hold 17 the office of member; or 18 (b) the member ceases to be a registered health practitioner 19 as a result of the member's misconduct, impairment or 20 incompetence; or 21 (c) the member ceases to be eligible for appointment to the 22 office that the member holds on the National Board; or 23 (d) the member becomes bankrupt, applies to take the 24 benefit of any law for the relief of bankrupt or insolvent 25 debtors, compounds with member's creditors or makes 26 an assignment of the member's remuneration for their 27 benefit; or 28 (e) the National Board recommends the removal of the 29 member, on the basis that the member has engaged in 30 misconduct or has failed or is unable to properly 31 exercise the member's functions as a member. 32 Page 251

Health Practitioner Regulation National Law Bill 2009 Schedule 4 5 Vacancies to be advertised 1 (1) Before the Ministerial Council appoints a member of a 2 National Board, the vacancy to be filled is to be publicly 3 advertised. 4 (2) The National Agency may assist the Ministerial Council in the 5 process of appointing members of a National Board, including 6 in the advertising of vacancies. 7 (3) It is not necessary to advertise a vacancy in the membership of 8 a National Board before appointing a person to act in the 9 office of a member. 10 Note. The general interpretation provisions applicable to this Law under 11 section 6 confer power to appoint acting members of a National Board. 12 6 Extension of term of office during vacancy in 13 membership 14 (1) If the office of a member becomes vacant because the member 15 has completed the member's term of office, the member is 16 taken to continue to be a member during that vacancy until the 17 date on which the vacancy is filled (whether by reappointment 18 of the member or appointment of a successor to the member). 19 (2) However, this clause ceases to apply to the member if-- 20 (a) the member resigns the member's office by instrument 21 in writing addressed to the Chairperson of the 22 Ministerial Council; or 23 (b) the Chairperson of the Ministerial Council determines 24 that the services of the member are no longer required. 25 (3) The maximum period for which a member is taken to continue 26 to be a member under this clause after completion of the 27 member's term of office is 6 months. 28 7 Members to act in public interest 29 (1) A member of a National Board is to act impartially and in the 30 public interest in the exercise of the member's functions as a 31 member. 32 Page 252

Health Practitioner Regulation National Law Bill 2009 Schedule 4 (2) Accordingly, a member of a National Board is to put the 1 public interest before the interests of particular health 2 practitioners or any entity that represents health practitioners. 3 8 Disclosure of conflict of interest 4 (1) If-- 5 (a) a member has a direct or indirect pecuniary or other 6 interest in a matter being considered or about to be 7 considered at a meeting of the National Board; and 8 (b) the interest appears to raise a conflict with the proper 9 performance of the member's duties in relation to the 10 consideration of the matter; 11 the member must, as soon as possible after the relevant facts 12 have come to the member's knowledge, disclose the nature of 13 the interest at a meeting of the National Board. 14 (2) Particulars of any disclosure made under this clause must be 15 recorded by the National Board in a book kept for the purpose. 16 (3) After a member has disclosed the nature of an interest in any 17 matter, the member must not, unless the Ministerial Council 18 or the National Board otherwise determines-- 19 (a) be present during any deliberation of the National Board 20 with respect to the matter; or 21 (b) take part in any decision of the National Board with 22 respect to the matter. 23 (4) For the purposes of the making of a determination by the 24 National Board under subclause (3), a member who has a 25 direct or indirect pecuniary or other interest in a matter to 26 which the disclosure relates must not-- 27 (a) be present during any deliberation of the National Board 28 for the purpose of making the determination; or 29 (b) take part in the making of the determination by the 30 National Board. 31 (5) A contravention of this clause does not invalidate any decision 32 of the National Board. 33 Page 253

Health Practitioner Regulation National Law Bill 2009 Schedule 4 (6) This clause applies to a member of a committee of a National 1 Board and the committee in the same way as it applies to a 2 member of the National Board and the National Board. 3 Part 3 Functions and powers 4 9 Requirement to consult other National Boards 5 If a National Board (the first Board) proposes to make a 6 recommendation to the Ministerial Council about a matter that 7 may reasonably be expected to be of interest to another 8 National Board (the other Board), the first Board must-- 9 (a) consult with the other Board about the proposed 10 recommendation; and 11 (b) if the first Board makes the recommendation to the 12 Ministerial Council, advise the Council about any 13 contrary views expressed by the other Board about the 14 recommendation. 15 10 Boards may obtain assistance 16 A National Board may, for the purposes of exercising its 17 functions, obtain the assistance of or advice from a local 18 registration authority or another entity having knowledge of 19 matters relating to the health profession for which it is 20 established. 21 11 Committees 22 A National Board may establish committees to do any of the 23 following-- 24 (a) to develop registration standards for the health 25 profession for which the Board is established; 26 (b) to develop codes or guidelines for the health profession 27 for which the Board is established; 28 Page 254

Health Practitioner Regulation National Law Bill 2009 Schedule 4 (c) to exercise any other functions of the Board or to 1 provide assistance or advice to the Board in the exercise 2 of its functions. 3 Part 4 Procedure 4 12 General procedure 5 The procedure for the calling of meetings of the National 6 Board and for the conduct of business at those meetings is, 7 subject to this Law, to be as determined by the National 8 Board. 9 13 Quorum 10 The quorum for a meeting of the National Board is a majority 11 of its members for the time being, at least one of whom is a 12 community member. 13 14 Presiding member 14 (1) The Chairperson (or, in the absence of the Chairperson, a 15 person elected by the members of the National Board who are 16 present at a meeting of the National Board) is to preside at a 17 meeting of the National Board. 18 (2) The presiding member has a deliberative vote and, in the event 19 of an equality of votes, has a second or casting vote. 20 15 Voting 21 A decision supported by a majority of the votes cast at a 22 meeting of the National Board at which a quorum is present is 23 the decision of the National Board. 24 Page 255

Health Practitioner Regulation National Law Bill 2009 Schedule 4 16 Transaction of business outside meetings or by 1 telecommunication 2 (1) The National Board may, if it thinks fit, transact any of its 3 business by the circulation of papers among all the members 4 of the National Board for the time being, and a resolution in 5 writing approved in writing by a majority of those members is 6 taken to be a decision of the National Board. 7 (2) The National Board may, if it thinks fit, transact any of its 8 business at a meeting at which members (or some members) 9 participate by telephone, closed-circuit television or other 10 means, but only if any member who speaks on a matter before 11 the meeting can be heard by the other members. 12 (3) For the purposes of-- 13 (a) the approval of a resolution under subclause (1); or 14 (b) a meeting held in accordance with subclause (2); 15 the Chairperson and each member have the same voting rights 16 as they have at an ordinary meeting of the National Board. 17 (4) Papers may be circulated among the members for the 18 purposes of subclause (1) by facsimile, email or other 19 transmission of the information in the papers concerned. 20 17 First meeting 21 The Chairperson may call the first meeting of the National 22 Board in any manner the Chairperson thinks fit. 23 18 Defects in appointment of members 24 A decision of the National Board or of a committee of the 25 National Board is not invalidated by any defect or irregularity 26 in the appointment of any member (or acting member) of the 27 National Board or of a committee of the National Board. 28 Page 256

Health Practitioner Regulation National Law Bill 2009 Schedule 5 Schedule 5 Investigators 1 (section 163) 2 Part 1 Power to obtain information 3 1 Powers of investigators 4 For the purposes of conducting an investigation, an 5 investigator may, by written notice given to a person, require 6 the person to-- 7 (a) give stated information to the investigator within a 8 stated reasonable time and in a stated reasonable way; or 9 (b) attend before the investigator at a stated time and a 10 stated place to answer questions or produce documents. 11 2 Offence for failing to produce information or attend 12 before investigator 13 (1) A person required to give stated information to an investigator 14 under clause 1(a) must not fail, without reasonable excuse, to 15 give the information as required by the 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 (2) A person given a notice to attend before an investigator must 20 not fail, without reasonable excuse, to-- 21 (a) attend as required by the notice; and 22 (b) continue to attend as required by the investigator until 23 excused from further attendance; and 24 (c) answer a question the person is required to answer by 25 the investigator; and 26 (d) produce a document the person is required to produce by 27 the notice. 28 Page 257

Health Practitioner Regulation National Law Bill 2009 Schedule 5 Maximum penalty-- 1 (a) in the case of an individual--$5,000; or 2 (b) in the case of a body corporate--$10,000. 3 (3) For the purposes of subclauses (1) and (2), it is a reasonable 4 excuse for an individual to fail to give stated information, 5 answer a question or to produce a document, if giving the 6 information, answering the question or producing the 7 document might tend to incriminate the individual. 8 3 Inspection of documents 9 (1) If a document is produced to an investigator, the investigator 10 may-- 11 (a) inspect the document; and 12 (b) make a copy of, or take an extract from, the document; 13 and 14 (c) keep the document while it is necessary for the 15 investigation. 16 (2) If the investigator keeps the document, the investigator must 17 permit a person otherwise entitled to possession of the 18 document to inspect, make a copy of, or take an extract from, 19 the document at the reasonable time and place decided by the 20 investigator. 21 Part 2 Power to enter places 22 4 Entering places 23 For the purposes of conducting an investigation, an 24 investigator may enter a place if-- 25 (a) its occupier consents to the entry of the place; or 26 Page 258

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (b) it is a public place and the entry is made when it is open 1 to the public; or 2 (c) the entry is authorised by a warrant. 3 5 Application for warrant 4 (1) An investigator may apply to a magistrate of a participating 5 jurisdiction for a warrant for a place. 6 (2) The investigator must prepare a written application that states 7 the grounds on which the warrant is sought. 8 (3) The written application must be sworn. 9 (4) The magistrate may refuse to consider the application until the 10 investigator gives the magistrate all the information the 11 magistrate requires about the application in the way the 12 magistrate requires. 13 6 Issue of warrant 14 (1) The magistrate may issue the warrant only if the magistrate is 15 satisfied there are reasonable grounds for suspecting there is 16 evidence about a matter being investigated by the investigator 17 at the place. 18 (2) The warrant must state-- 19 (a) that a stated investigator may, with necessary and 20 reasonable help and force-- 21 (i) enter the place and any other place necessary for 22 entry; and 23 (ii) exercise the investigator's powers under this Part; 24 and 25 (b) the matter for which the warrant is sought; and 26 (c) the evidence that may be seized under the warrant; and 27 (d) the hours of the day or night when the place may be 28 entered; and 29 (e) the date, within 14 days after the warrant's issue, the 30 warrant ends. 31 Page 259

Health Practitioner Regulation National Law Bill 2009 Schedule 5 7 Application by electronic communication 1 (1) An investigator may apply for a warrant by phone, facsimile, 2 email, radio, video conferencing or another form of 3 communication if the investigator considers it necessary 4 because of-- 5 (a) urgent circumstances; or 6 (b) other special circumstances, including the investigator's 7 remote location. 8 (2) The application-- 9 (a) may not be made before the investigator prepares the 10 written application under clause 5(2); but 11 (b) may be made before the written application is sworn. 12 (3) The magistrate may issue the warrant (the original warrant) 13 only if the magistrate is satisfied-- 14 (a) it was necessary to make the application under 15 subclause (1); and 16 (b) the way the application was made under subclause (1) 17 was appropriate. 18 (4) After the magistrate issues the original warrant-- 19 (a) if there is a reasonably practicable way of immediately 20 giving a copy of the warrant to the investigator, for 21 example, by sending a copy by fax or email, the 22 magistrate must immediately give a copy of the warrant 23 to the investigator; or 24 (b) otherwise-- 25 (i) the magistrate must tell the investigator the date 26 and time the warrant is issued and the other terms 27 of the warrant; and 28 (ii) the investigator must complete a form of warrant 29 including by writing on it-- 30 (A) the magistrate's name; and 31 (B) the date and time the magistrate issued the 32 warrant; and 33 Page 260

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (C) the other terms of the warrant. 1 (5) The copy of the warrant referred to in subclause (4)(a), or the 2 form of warrant completed under subclause (4)(b) (in either 3 case the duplicate warrant), is a duplicate of, and as effectual 4 as, the original warrant. 5 (6) The investigator must, at the first reasonable opportunity, send 6 to the magistrate-- 7 (a) the written application complying with clause 5(2) and 8 (3); and 9 (b) if the investigator completed a form of warrant under 10 subclause (4)(b), the completed form of warrant. 11 (7) The magistrate must keep the original warrant and, on 12 receiving the documents under subclause (6), file the original 13 warrant and documents in the court. 14 (8) Despite subclause (5), if-- 15 (a) an issue arises in a proceeding about whether an 16 exercise of a power was authorised by a warrant issued 17 under this clause; and 18 (b) the original warrant is not produced in evidence; 19 the onus of proof is on the person relying on the lawfulness of 20 the exercise of the power to prove a warrant authorised the 21 exercise of the power. 22 (9) This clause does not limit clause 5. 23 8 Procedure before entry under warrant 24 (1) Before entering a place under a warrant, an investigator must 25 do or make a reasonable attempt to do the following-- 26 (a) identify himself or herself to a person present at the 27 place who is an occupier of the place by producing the 28 investigator's identity card or another document 29 evidencing the investigator's appointment; 30 (b) give the person a copy of the warrant; 31 (c) tell the person the investigator is permitted by the 32 warrant to enter the place; 33 Page 261

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (d) give the person an opportunity to allow the investigator 1 immediate entry to the place without using force. 2 (2) However, the investigator need not comply with subclause (1) 3 if the investigator reasonably believes that immediate entry to 4 the place is required to ensure the effective execution of the 5 warrant is not frustrated. 6 9 Powers after entering places 7 (1) This clause applies if an investigator enters a place under 8 clause 4. 9 (2) The investigator may for the purposes of the investigation do 10 the following-- 11 (a) search any part of the place; 12 (b) inspect, measure, test, photograph or film any part of the 13 place or anything at the place; 14 (c) take a thing, or a sample of or from a thing, at the place 15 for analysis, measurement or testing; 16 (d) copy, or take an extract from, a document, at the place; 17 (e) take into or onto the place any person, equipment and 18 materials the investigator reasonably requires for 19 exercising a power under this Part; 20 (f) require the occupier of the place, or a person at the 21 place, to give the investigator reasonable help to 22 exercise the investigator's powers under paragraphs (a) 23 to (e); 24 (g) require the occupier of the place, or a person at the 25 place, to give the investigator information to help the 26 investigator in conducting the investigation. 27 (3) When making a requirement referred to in subclause (2)(f) or 28 (g), the investigator must warn the person it is an offence to 29 fail to comply with the requirement unless the person has a 30 reasonable excuse. 31 Page 262

Health Practitioner Regulation National Law Bill 2009 Schedule 5 10 Offences for failing to comply with requirement under 1 clause 9 2 (1) A person required to give reasonable help under clause 9(2)(f) 3 must comply with the requirement, unless the person has a 4 reasonable excuse. 5 Maximum penalty-- 6 (a) in the case of an individual--$5,000; or 7 (b) in the case of a body corporate--$10,000. 8 (2) A person of whom a requirement is made under clause 9(2)(g) 9 must comply with the requirement, unless the person has a 10 reasonable excuse. 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 (3) It is a reasonable excuse for an individual not to comply with 15 a requirement under clause 9(2)(f) or (g) that complying with 16 the requirement might tend to incriminate the individual. 17 11 Seizure of evidence 18 (1) An investigator who enters a public place when the place is 19 open to the public may seize a thing at the place if the 20 investigator reasonably believes the thing is evidence that is 21 relevant to the investigation being conducted by the 22 investigator. 23 (2) If an investigator enters a place with the occupier's consent, 24 the investigator may seize a thing at the place if-- 25 (a) the investigator reasonably believes the thing is evidence 26 that is relevant to the investigation being conducted by 27 the investigator; and 28 (b) seizure of the thing is consistent with the purpose of the 29 entry as told to the occupier when asking for the 30 occupier's consent. 31 Page 263

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (3) If an investigator enters a place with a warrant, the 1 investigator may seize the evidence for which the warrant was 2 issued. 3 (4) For the purposes of subclauses (2) and (3), the investigator 4 may also seize anything else at the place if the investigator 5 reasonably believes-- 6 (a) the thing is evidence that is relevant to the investigation; 7 and 8 (b) the seizure is necessary to prevent the thing being 9 hidden, lost or destroyed. 10 12 Securing seized things 11 Having seized a thing, an investigator may-- 12 (a) move the thing from the place where it was seized; or 13 (b) leave the thing at the place where it was seized but take 14 reasonable action to restrict access to it. 15 13 Receipt for seized things 16 (1) As soon as practicable after an investigator seizes a thing, the 17 investigator must give a receipt for it to the person from whom 18 it was seized. 19 (2) However, if for any reason it is not practicable to comply with 20 subclause (1), the investigator must leave the receipt at the 21 place of seizure in a conspicuous position and in a reasonably 22 secure way. 23 (3) The receipt must describe generally the seized thing and its 24 condition. 25 (4) This clause does not apply to a thing if it is impracticable or 26 would be unreasonable to give the receipt given the thing's 27 nature, condition and value. 28 14 Forfeiture of seized thing 29 (1) A seized thing is forfeited to the National Agency if the 30 investigator who seized the thing-- 31 Page 264

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (a) cannot find its owner, after making reasonable inquiries; 1 or 2 (b) cannot return it to its owner, after making reasonable 3 efforts. 4 (2) In applying subclause (1)-- 5 (a) subclause (1)(a) does not require the investigator to 6 make inquiries if it would be unreasonable to make 7 inquiries to find the owner; and 8 (b) subclause (1)(b) does not require the investigator to 9 make efforts if it would be unreasonable to make efforts 10 to return the thing to its owner. 11 (3) Regard must be had to a thing's nature, condition and value in 12 deciding-- 13 (a) whether it is reasonable to make inquiries or efforts; and 14 (b) if making inquiries or efforts, what inquiries or efforts, 15 including the period over which they are made, are 16 reasonable. 17 15 Dealing with forfeited things 18 (1) On the forfeiture of a thing to the National Agency, the thing 19 becomes the Agency's property and may be dealt with by the 20 Agency as the Agency considers appropriate. 21 (2) Without limiting subclause (1), the National Agency may 22 destroy or dispose of the thing. 23 16 Return of seized things 24 (1) If a seized thing has not been forfeited, the investigator must 25 return it to its owner-- 26 (a) at the end of 6 months; or 27 (b) if proceedings involving the thing are started within 6 28 months, at the end of the proceedings and any appeal 29 from the proceedings. 30 Page 265

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (2) Despite subclause (1), unless the thing has been forfeited, the 1 investigator must immediately return a thing seized as 2 evidence to its owner if the investigator is no longer satisfied 3 its continued retention as evidence is necessary. 4 17 Access to seized things 5 (1) Until a seized thing is forfeited or returned, an investigator 6 must allow its owner to inspect it and, if it is a document, to 7 copy it. 8 (2) Subclause (1) does not apply if it is impracticable or would be 9 unreasonable to allow the inspection or copying. 10 Part 3 General matters 11 18 Damage to property 12 (1) This clause applies if-- 13 (a) an investigator damages property when exercising or 14 purporting to exercise a power; or 15 (b) a person (the other person) acting under the direction of an 16 investigator damages property. 17 (2) The investigator must promptly give written notice of 18 particulars of the damage to the person who appears to the 19 investigator to be the owner of the property. 20 (3) If the investigator believes the damage was caused by a latent 21 defect in the property or circumstances beyond the 22 investigator's or other person's control, the investigator must 23 state the belief in the notice. 24 (4) If, for any reason, it is impracticable to comply with subclause 25 (2), the investigator must leave the notice in a conspicuous 26 position and in a reasonably secure way where the damage 27 happened. 28 Page 266

Health Practitioner Regulation National Law Bill 2009 Schedule 5 (5) This clause does not apply to damage the investigator 1 reasonably believes is trivial. 2 (6) In this clause-- 3 owner, of property, includes the person in possession or 4 control of it. 5 19 Compensation 6 (1) A person may claim compensation from the National Agency 7 if the person incurs loss or expense because of the exercise or 8 purported exercise of a power under this Schedule by the 9 investigator. 10 (2) Without limiting subclause (1), compensation may be claimed 11 for loss or expense incurred in complying with a requirement 12 made of the person under this Schedule. 13 (3) Compensation may be claimed and ordered to be paid in a 14 proceeding brought in a court with jurisdiction for the 15 recovery of the amount of compensation claimed. 16 (4) A court may order compensation to be paid only if it is 17 satisfied it is fair to make the order in the circumstances of the 18 particular case. 19 20 False or misleading information 20 A person must not state anything to an investigator that the 21 person knows is false or misleading in a material particular. 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 21 False or misleading documents 26 (1) A person must not give an investigator a document containing 27 information the person knows is false or misleading in a 28 material particular. 29 Page 267

Health Practitioner Regulation National Law Bill 2009 Schedule 5 Maximum penalty-- 1 (a) in the case of an individual--$5,000; or 2 (b) in the case of a body corporate--$10,000. 3 (2) Subclause (1) does not apply to a person who, when giving the 4 document-- 5 (a) informs the investigator, to the best of the person's 6 ability, how it is false or misleading; and 7 (b) gives the correct information to the investigator if the 8 person has, or can reasonably obtain, the correct 9 information. 10 22 Obstructing investigators 11 (1) A person must not obstruct an investigator in the exercise of a 12 power, unless the person has a reasonable excuse. 13 Maximum penalty-- 14 (a) in the case of an individual--$5,000; or 15 (b) in the case of a body corporate--$10,000. 16 (2) If a person has obstructed an investigator and the investigator 17 decides to proceed with the exercise of the power, the 18 investigator must warn the person that-- 19 (a) it is an offence to obstruct the investigator, unless the 20 person has a reasonable excuse; and 21 (b) the investigator considers the person's conduct is an 22 obstruction. 23 (3) In this clause-- 24 obstruct includes hinder and attempt to obstruct or hinder. 25 23 Impersonation of investigators 26 A person must not pretend to be an investigator. 27 Maximum penalty-- $5,000. 28 Page 268

Health Practitioner Regulation National Law Bill 2009 Schedule 6 Schedule 6 Inspectors 1 (Section 238) 2 Part 1 Power to obtain information 3 1 Powers of inspectors 4 (1) This clause applies if an inspector reasonably believes-- 5 (a) an offence against this Law has been committed; and 6 (b) a person may be able to give information about the 7 offence. 8 (2) The inspector may, by written notice given to a person, require 9 the person to-- 10 (a) give stated information to the inspector within a stated 11 reasonable time and in a stated reasonable way; or 12 (b) attend before the inspector at a stated time and a stated 13 place to answer questions or produce documents. 14 2 Offence for failing to produce information or attend 15 before inspector 16 (1) A person required to give stated information to an inspector 17 under clause 1(2)(a) must not fail, without reasonable excuse, 18 to give the information as required by the notice. 19 Maximum penalty-- 20 (a) in the case of an individual--$5,000; or 21 (b) in the case of a body corporate--$10,000. 22 (2) A person given a notice to attend before an inspector must not 23 fail, without reasonable excuse, to-- 24 (a) attend as required by the notice; and 25 (b) continue to attend as required by the inspector until 26 excused from further attendance; and 27 Page 269

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (c) answer a question the person is required to answer by 1 the inspector; and 2 (d) produce a document the person is required to produce by 3 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 (3) For the purposes of subclauses (1) and (2), it is a reasonable 8 excuse for an individual to fail to give stated information, 9 answer a question or to produce a document, if giving the 10 information, answering the question or producing the 11 document might tend to incriminate the individual. 12 3 Inspection of documents 13 (1) If a document is produced to an inspector, the inspector 14 may-- 15 (a) inspect the document; and 16 (b) make a copy of, or take an extract from, the document; 17 and 18 (c) keep the document while it is necessary for the 19 investigation. 20 (2) If the inspector keeps the document, the inspector must permit 21 a person otherwise entitled to possession of the document to 22 inspect, make a copy of, or take an extract from, the document 23 at the reasonable time and place decided by the inspector. 24 Part 2 Power to enter places 25 4 Entering places 26 An inspector may enter a place if-- 27 (a) its occupier consents to the entry of the place; or 28 Page 270

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (b) it is a public place and the entry is made when it is open 1 to the public; or 2 (c) the entry is authorised by a warrant. 3 5 Application for warrant 4 (1) An inspector may apply to a magistrate of a participating 5 jurisdiction for a warrant for a place. 6 (2) The inspector must prepare a written application that states 7 the grounds on which the warrant is sought. 8 (3) The written application must be sworn. 9 (4) The magistrate may refuse to consider the application until the 10 inspector gives the magistrate all the information the 11 magistrate requires about the application in the way the 12 magistrate requires. 13 6 Issue of warrant 14 (1) The magistrate may issue the warrant only if the magistrate is 15 satisfied there are reasonable grounds for suspecting there is a 16 particular thing or activity that may provide evidence of an 17 offence against this Law at the place. 18 (2) The warrant must state-- 19 (a) that a stated inspector may, with necessary and 20 reasonable help and force-- 21 (i) enter the place and any other place necessary for 22 entry; and 23 (ii) exercise the inspector's powers under this Part; and 24 (b) the matter for which the warrant is sought; and 25 (c) the evidence that may be seized under the warrant; and 26 (d) the hours of the day or night when the place may be 27 entered; and 28 (e) the date, within 14 days after the warrant's issue, the 29 warrant ends. 30 Page 271

Health Practitioner Regulation National Law Bill 2009 Schedule 6 7 Application by electronic communication 1 (1) An inspector may apply for a warrant by phone, facsimile, 2 email, radio, video conferencing or another form of 3 communication if the inspector considers it necessary because 4 of-- 5 (a) urgent circumstances; or 6 (b) other special circumstances, including the inspector's 7 remote location. 8 (2) The application-- 9 (a) may not be made before the inspector prepares the 10 written application under clause 5(2); but 11 (b) may be made before the written application is sworn. 12 (3) The magistrate may issue the warrant (the original warrant) 13 only if the magistrate is satisfied-- 14 (a) it was necessary to make the application under 15 subclause (1); and 16 (b) the way the application was made under subclause (1) 17 was appropriate. 18 (4) After the magistrate issues the original warrant-- 19 (a) if there is a reasonably practicable way of immediately 20 giving a copy of the warrant to the inspector, for 21 example, by sending a copy by fax or email, the 22 magistrate must immediately give a copy of the warrant 23 to the inspector; or 24 (b) otherwise-- 25 (i) the magistrate must tell the inspector the date and 26 time the warrant is issued and the other terms of 27 the warrant; and 28 (ii) the inspector must complete a form of warrant 29 including by writing on it-- 30 (A) the magistrate's name; and 31 (B) the date and time the magistrate issued the 32 warrant; and 33 Page 272

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (C) the other terms of the warrant. 1 (5) The copy of the warrant referred to in subclause (4)(a), or the 2 form of warrant completed under subclause (4)(b) (in either 3 case the duplicate warrant), is a duplicate of, and as effectual 4 as, the original warrant. 5 (6) The inspector must, at the first reasonable opportunity, send to 6 the magistrate-- 7 (a) the written application complying with clause 5(2) and 8 (3); and 9 (b) if the inspector completed a form of warrant under 10 subclause (4)(b), the completed form of warrant. 11 (7) The magistrate must keep the original warrant and, on 12 receiving the documents under subclause (6), file the original 13 warrant and documents in the court. 14 (8) Despite subclause (5), if-- 15 (a) an issue arises in a proceeding about whether an 16 exercise of a power was authorised by a warrant issued 17 under this clause; and 18 (b) the original warrant is not produced in evidence; 19 the onus of proof is on the person relying on the lawfulness of 20 the exercise of the power to prove a warrant authorised the 21 exercise of the power. 22 (9) This clause does not limit clause 5. 23 8 Procedure before entry under warrant 24 (1) Before entering a place under a warrant, an inspector must do 25 or make a reasonable attempt to do the following-- 26 (a) identify himself or herself to a person present at the 27 place who is an occupier of the place by producing the 28 inspector's identity card or another document 29 evidencing the inspector's appointment; 30 (b) give the person a copy of the warrant; 31 (c) tell the person the inspector is permitted by the warrant 32 to enter the place; 33 Page 273

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (d) give the person an opportunity to allow the inspector 1 immediate entry to the place without using force. 2 (2) However, the inspector need not comply with subclause (1) if 3 the inspector reasonably believes that immediate entry to the 4 place is required to ensure the effective execution of the 5 warrant is not frustrated. 6 9 Powers after entering places 7 (1) This clause applies if an inspector enters a place under clause 8 4. 9 (2) The inspector may for the purposes of the investigation do the 10 following-- 11 (a) search any part of the place; 12 (b) inspect, measure, test, photograph or film any part of the 13 place or anything at the place; 14 (c) take a thing, or a sample of or from a thing, at the place 15 for analysis, measurement or testing; 16 (d) copy, or take an extract from, a document, at the place; 17 (e) take into or onto the place any person, equipment and 18 materials the inspector reasonably requires for 19 exercising a power under this Part; 20 (f) require the occupier of the place, or a person at the 21 place, to give the inspector reasonable help to exercise 22 the inspector's powers under paragraphs (a) to (e); 23 (g) require the occupier of the place, or a person at the 24 place, to give the inspector information to help the 25 inspector ascertain whether this Law is being complied 26 with. 27 (3) When making a requirement referred to in subclause (2)(f) or 28 (g), the inspector must warn the person it is an offence to fail 29 to comply with the requirement unless the person has a 30 reasonable excuse. 31 Page 274

Health Practitioner Regulation National Law Bill 2009 Schedule 6 10 Offences for failing to comply with requirement under 1 clause 9 2 (1) A person required to give reasonable help under clause 9(2)(f) 3 must comply with the requirement, unless the person has a 4 reasonable excuse. 5 Maximum penalty-- 6 (a) in the case of an individual--$5,000; or 7 (b) in the case of a body corporate--$10,000. 8 (2) A person of whom a requirement is made under clause 9(2)(g) 9 must comply with the requirement, unless the person has a 10 reasonable excuse. 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 (3) It is a reasonable excuse for an individual not to comply with 15 a requirement under clause 9(2)(f) or (g) that complying with 16 the requirement might tend to incriminate the individual. 17 11 Seizure of evidence 18 (1) An inspector who enters a public place when the place is open 19 to the public may seize a thing at the place if the inspector 20 reasonably believes the thing is evidence that is relevant to the 21 investigation being conducted by the inspector. 22 (2) If an inspector enters a place with the occupier's consent, the 23 inspector may seize a thing at the place if-- 24 (a) the inspector reasonably believes the thing is evidence 25 that is relevant to the investigation being conducted by 26 the inspector; and 27 (b) seizure of the thing is consistent with the purpose of the 28 entry as told to the occupier when asking for the 29 occupier's consent. 30 (3) If an inspector enters a place with a warrant, the inspector 31 may seize the evidence for which the warrant was issued. 32 Page 275

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (4) For the purposes of subclauses (2) and (3), the inspector may 1 also seize anything else at the place if the inspector reasonably 2 believes-- 3 (a) the thing is evidence that is relevant to the investigation; 4 and 5 (b) the seizure is necessary to prevent the thing being 6 hidden, lost or destroyed. 7 12 Securing seized things 8 Having seized a thing, an inspector may-- 9 (a) move the thing from the place where it was seized; or 10 (b) leave the thing at the place where it was seized but take 11 reasonable action to restrict access to it. 12 13 Receipt for seized things 13 (1) As soon as practicable after an inspector seizes a thing, the 14 inspector must give a receipt for it to the person from whom it 15 was seized. 16 (2) However, if for any reason it is not practicable to comply with 17 subclause (1), the inspector must leave the receipt at the place 18 of seizure in a conspicuous position and in a reasonably 19 secure way. 20 (3) The receipt must describe generally the seized thing and its 21 condition. 22 (4) This clause does not apply to a thing if it is impracticable or 23 would be unreasonable to give the receipt given the thing's 24 nature, condition and value. 25 14 Forfeiture of seized thing 26 (1) A seized thing is forfeited to the National Agency if the 27 inspector who seized the thing-- 28 (a) cannot find its owner, after making reasonable inquiries; 29 or 30 Page 276

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (b) cannot return it to its owner, after making reasonable 1 efforts. 2 (2) In applying subclause (1)-- 3 (a) subclause (1)(a) does not require the inspector to make 4 inquiries if it would be unreasonable to make inquiries 5 to find the owner; and 6 (b) subclause (1)(b) does not require the inspector to make 7 efforts if it would be unreasonable to make efforts to 8 return the thing to its owner. 9 (3) Regard must be had to a thing's nature, condition and value in 10 deciding-- 11 (a) whether it is reasonable to make inquiries or efforts; and 12 (b) if making inquiries or efforts, what inquiries or efforts, 13 including the period over which they are made, are 14 reasonable. 15 15 Dealing with forfeited things 16 (1) On the forfeiture of a thing to the National Agency, the thing 17 becomes the Agency's property and may be dealt with by the 18 Agency as the Agency considers appropriate. 19 (2) Without limiting subclause (1), the National Agency may 20 destroy or dispose of the thing. 21 16 Return of seized things 22 (1) If a seized thing has not been forfeited, the inspector must 23 return it to its owner-- 24 (a) at the end of 6 months; or 25 (b) if proceedings involving the thing are started within 6 26 months, at the end of the proceedings and any appeal 27 from the proceedings. 28 (2) Despite subclause (1), unless the thing has been forfeited, the 29 inspector must immediately return a thing seized as evidence 30 to its owner if the inspector is no longer satisfied its continued 31 retention as evidence is necessary. 32 Page 277

Health Practitioner Regulation National Law Bill 2009 Schedule 6 17 Access to seized things 1 (1) Until a seized thing is forfeited or returned, an inspector must 2 allow its owner to inspect it and, if it is a document, to copy it. 3 (2) Subclause (1) does not apply if it is impracticable or would be 4 unreasonable to allow the inspection or copying. 5 Part 3 General matters 6 18 Damage to property 7 (1) This clause applies if-- 8 (a) an inspector damages property when exercising or 9 purporting to exercise a power; or 10 (b) a person (the other person) acting under the direction of 11 an inspector damages property. 12 (2) The inspector must promptly give written notice of particulars 13 of the damage to the person who appears to the inspector to be 14 the owner of the property. 15 (3) If the inspector believes the damage was caused by a latent 16 defect in the property or circumstances beyond the inspector's 17 or other person's control, the inspector must state the belief in 18 the notice. 19 (4) If, for any reason, it is impracticable to comply with subclause 20 (2), the inspector must leave the notice in a conspicuous 21 position and in a reasonably secure way where the damage 22 happened. 23 (5) This clause does not apply to damage the inspector reasonably 24 believes is trivial. 25 (6) In this clause-- 26 owner, of property, includes the person in possession or 27 control of it. 28 Page 278

Health Practitioner Regulation National Law Bill 2009 Schedule 6 19 Compensation 1 (1) A person may claim compensation from the National Agency 2 if the person incurs loss or expense because of the exercise or 3 purported exercise of a power under this Schedule by the 4 inspector. 5 (2) Without limiting subclause (1), compensation may be claimed 6 for loss or expense incurred in complying with a requirement 7 made of the person under this Schedule. 8 (3) Compensation may be claimed and ordered to be paid in a 9 proceeding brought in a court with jurisdiction for the 10 recovery of the amount of compensation claimed. 11 (4) A court may order compensation to be paid only if it is 12 satisfied it is fair to make the order in the circumstances of the 13 particular case. 14 20 False or misleading information 15 A person must not state anything to an inspector that the 16 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 21 False or misleading documents 21 (1) A person must not give an inspector a document containing 22 information the person knows is false or misleading in a 23 material particular. 24 Maximum penalty-- 25 (a) in the case of an individual--$5,000; or 26 (b) in the case of a body corporate--$10,000. 27 (2) Subclause (1) does not apply to a person who, when giving the 28 document-- 29 (a) informs the inspector, to the best of the person's ability, 30 how it is false or misleading; and 31 Page 279

Health Practitioner Regulation National Law Bill 2009 Schedule 6 (b) gives the correct information to the inspector if the 1 person has, or can reasonably obtain, the correct 2 information. 3 22 Obstructing inspectors 4 (1) A person must not obstruct an inspector in the exercise of a 5 power, unless the person has a reasonable excuse. 6 Maximum penalty-- 7 (a) in the case of an individual--$5,000; or 8 (b) in the case of a body corporate--$10,000. 9 (2) If a person has obstructed an inspector and the inspector 10 decides to proceed with the exercise of the power, the 11 inspector must warn the person that-- 12 (a) it is an offence to obstruct the inspector, unless the 13 person has a reasonable excuse; and 14 (b) the inspector considers the person's conduct is an 15 obstruction. 16 (3) In this clause-- 17 obstruct includes hinder and attempt to obstruct or hinder. 18 23 Impersonation of inspectors 19 A person must not pretend to be an inspector. 20 Maximum penalty-- $5,000. 21 Page 280

Health Practitioner Regulation National Law Bill 2009 Schedule 7 Schedule 7 Miscellaneous provisions 1 relating to interpretation 2 (Section 6) 3 Part 1 Preliminary 4 1 Displacement of Schedule by contrary intention 5 The application of this Schedule may be displaced, wholly or 6 partly, by a contrary intention appearing in this Law. 7 Part 2 General 8 2 Law to be construed not to exceed legislative power of 9 Legislature 10 (1) This Law is to be construed as operating to the full extent of, 11 but so as not to exceed, the legislative power of the Legislature 12 of this jurisdiction. 13 (2) If a provision of this Law, or the application of a provision of 14 this Law to a person, subject matter or circumstance, would, 15 but for this clause, be construed as being in excess of the 16 legislative power of the Legislature of this jurisdiction-- 17 (a) it is a valid provision to the extent to which it is not in 18 excess of the power; and 19 (b) the remainder of this Law, and the application of the 20 provision to other persons, subject matters or 21 circumstances, is not affected. 22 (3) This clause applies to this Law in addition to, and without 23 limiting the effect of, any provision of this Law. 24 Page 281

Health Practitioner Regulation National Law Bill 2009 Schedule 7 3 Every section to be a substantive enactment 1 Every section of this Law has effect as a substantive 2 enactment without 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 5 Law is 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 9 part of this Law. 10 (5) Notes included in this Law (including footnotes and endnotes) 11 do not 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 17 its 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 21 for the 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 26 jurisdiction for the citation of such an Act; 27 together with a reference to the jurisdiction. 28 Page 282

Health Practitioner Regulation National Law Bill 2009 Schedule 7 6 References taken to be included in Act or Law citation etc 1 (1) A reference in this Law to an Act includes a reference to-- 2 (a) the Act as originally enacted, and as amended from time 3 to time since its original enactment; and 4 (b) if the Act has been repealed and re-enacted (with or 5 without modification) since the enactment of the 6 reference--the Act as re-enacted, and as amended from 7 time to time since its re-enactment. 8 (2) A reference in this Law to a provision of this Law or of an Act 9 includes a reference to-- 10 (a) the provision as originally enacted, and as amended 11 from time to time since its original enactment; and 12 (b) if the provision has been omitted and re-enacted (with or 13 without modification) since the enactment of the 14 reference--the provision as re-enacted, and as amended 15 from time to time since its re-enactment. 16 (3) Subclauses (1) and (2) apply to a reference in this Law to a 17 law of the Commonwealth or another jurisdiction as they 18 apply to a reference in this Law to an Act and to a provision of 19 an Act. 20 7 Interpretation best achieving Law's purpose 21 (1) In the interpretation of a provision of this Law, the 22 interpretation that will best achieve the purpose or object of 23 this Law is to be preferred to any other interpretation. 24 (2) Subclause (1) applies whether or not the purpose is expressly 25 stated in this Law. 26 8 Use of extrinsic material in interpretation 27 (1) In this clause-- 28 extrinsic material means relevant material not forming part of 29 this Law, including, for example-- 30 Page 283

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (a) material that is set out in the document containing the 1 text of this Law as printed by the Government Printer; 2 and 3 (b) a relevant report of a Royal Commission, Law Reform 4 Commission, commission or committee of inquiry, or a 5 similar body, that was laid before the Parliament of this 6 jurisdiction before the provision concerned was enacted; 7 and 8 (c) a relevant report of a committee of the Parliament of this 9 jurisdiction that was made to the Parliament before the 10 provision was enacted; and 11 (d) a treaty or other international agreement that is 12 mentioned in this Law; and 13 (e) an explanatory note or memorandum relating to the Bill 14 that contained the provision, or any relevant document, 15 that was laid before, or given to the members of, the 16 Parliament of this jurisdiction by the member bringing 17 in the Bill before the provision was enacted; and 18 (f) the speech made to the Parliament of this jurisdiction by 19 the member in moving a motion that the Bill be read a 20 second time; and 21 (g) material in the Votes and Proceedings of the Parliament 22 of this jurisdiction or in any official record of debates in 23 the Parliament of this jurisdiction; and 24 (h) a document that is declared by this Law to be a relevant 25 document for the purposes of this clause. 26 ordinary meaning means the ordinary meaning conveyed by a 27 provision having regard to its context in this Law and to the 28 purpose of this Law. 29 (2) Subject to subclause (3), in the interpretation of a provision of 30 this Law, consideration may be given to extrinsic material 31 capable of assisting in the interpretation-- 32 (a) if the provision is ambiguous or obscure--to provide an 33 interpretation of it; or 34 Page 284

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (b) if the ordinary meaning of the provision leads to a result 1 that is manifestly absurd or is unreasonable--to provide 2 an interpretation that avoids such a result; or 3 (c) in any other case--to confirm the interpretation 4 conveyed by the ordinary meaning of the provision. 5 (3) In determining whether consideration should be given to 6 extrinsic material, and in determining the weight to be given 7 to extrinsic material, regard is to be had to-- 8 (a) the desirability of a provision being interpreted as 9 having its ordinary meaning; and 10 (b) the undesirability of prolonging proceedings without 11 compensating advantage; and 12 (c) other relevant matters. 13 9 Effect of change of drafting practice and use of examples 14 If-- 15 (a) a provision of this Law expresses an idea in particular 16 words; and 17 (b) a provision enacted later appears to express the same 18 idea in different words for the purpose of implementing 19 a different legislative drafting practice, including, for 20 example-- 21 (i) the use of a clearer or simpler style; or 22 (ii) the use of gender-neutral language; 23 the ideas must not be taken to be different merely 24 because different words are used. 25 10 Use of examples 26 If this Law includes an example of the operation of a 27 provision-- 28 (a) the example is not exhaustive; and 29 (b) the example does not limit, but may extend, the meaning 30 of the provision; and 31 Page 285

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (c) the example and the provision are to be read in the 1 context of each other and the other provisions of this 2 Law, but, if the example and the provision so read are 3 inconsistent, the provision prevails. 4 11 Compliance with forms 5 (1) If a form is prescribed or approved by or for the purpose of 6 this Law, strict compliance with the form is not necessary and 7 substantial compliance is sufficient. 8 (2) If a form prescribed or approved by or for the purpose of this 9 Law requires-- 10 (a) the form to be completed in a specified way; or 11 (b) specified information or documents to be included in, 12 attached to or given with the form; or 13 (c) the form, or information or documents included in, 14 attached to or given with the form, to be verified in a 15 specified way, 16 the form is not properly completed unless the requirement is 17 complied with. 18 Part 3 Terms and references 19 12 Definitions 20 (1) In this Law-- 21 Act means an Act of the Legislature of this jurisdiction. 22 adult means an individual who is 18 or more. 23 affidavit, in relation to a person allowed by law to affirm, 24 declare or promise, includes affirmation, declaration and 25 promise. 26 amend includes-- 27 (a) omit or omit and substitute; or 28 Page 286

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (b) alter or vary; or 1 (c) amend by implication. 2 appoint includes reappoint. 3 Australia means the Commonwealth of Australia but, when 4 used in a geographical sense, does not include an external 5 Territory. 6 business day means a day that is not-- 7 (a) a Saturday or Sunday; or 8 (b) a public holiday, special holiday or bank holiday in the 9 place in which any relevant act is to be or may be done. 10 calendar month means a period starting at the beginning of 11 any day of one of the 12 named months and ending-- 12 (a) immediately before the beginning of the corresponding 13 day of the next named month; or 14 (b) if there is no such corresponding day--at the end of the 15 next named month. 16 calendar year means a period of 12 months beginning on 1 17 January. 18 commencement, in relation to this Law or an Act or a 19 provision of this Law or an Act, means the time at which this 20 Law, the Act or provision comes into operation. 21 Commonwealth means the Commonwealth of Australia but, 22 when used in a geographical sense, does not include an 23 external Territory. 24 confer, in relation to a function, includes impose. 25 contravene includes fail to comply with. 26 country includes-- 27 (a) a federation; or 28 (b) a state, province or other part of a federation. 29 date of assent, in relation to an Act, means the day on which 30 the Act receives the Royal Assent. 31 Page 287

Health Practitioner Regulation National Law Bill 2009 Schedule 7 definition means a provision of this Law (however expressed) 1 that-- 2 (a) gives a meaning to a word or expression; or 3 (b) limits or extends the meaning of a word or expression. 4 document includes-- 5 (a) any paper or other material on which there is writing; or 6 (b) any paper or other material on which there are marks, 7 figures, symbols or perforations having a meaning for a 8 person qualified to interpret them; or 9 (c) any disc, tape or other article or any material from 10 which sounds, images, writings or messages are capable 11 of being reproduced (with or without the aid of another 12 article or device). 13 electronic communication means-- 14 (a) a communication of information in the form of data, text 15 or images by means of guided or unguided 16 electromagnetic energy, or both; or 17 (b) a communication of information in the form of sound by 18 means of guided or unguided electromagnetic energy, or 19 both, where the sound is processed at its destination by 20 an automated voice recognition system. 21 estate includes easement, charge, right, title, claim, demand, 22 lien or encumbrance, whether at law or in equity. 23 expire includes lapse or otherwise cease to have effect. 24 external Territory means a Territory, other than an internal 25 Territory, for the government of which as a Territory provision 26 is made by a Commonwealth Act. 27 fail includes refuse. 28 financial year means a period of 12 months beginning on 1 29 July. 30 foreign country means a country (whether or not an 31 independent sovereign State) outside Australia and the 32 external Territories. 33 Page 288

Health Practitioner Regulation National Law Bill 2009 Schedule 7 function includes a power, authority or duty. 1 Gazette means the Government Gazette of this jurisdiction. 2 gazetted means published in the Gazette. 3 Gazette notice means notice published in the Gazette. 4 Government Printer means the Government Printer of this 5 jurisdiction, and includes any other person authorised by the 6 Government of this jurisdiction to print an Act or instrument. 7 individual means a natural person. 8 information system means a system for generating, sending, 9 receiving, storing or otherwise processing electronic 10 communications. 11 insert, in relation to a provision of this Law, includes 12 substitute. 13 instrument includes a statutory instrument. 14 interest, in relation to land or other property, means-- 15 (a) a legal or equitable estate in the land or other property; 16 or 17 (b) a right, power or privilege over, or in relation to, the land 18 or other property. 19 internal Territory means the Australian Capital Territory, the 20 Jervis Bay Territory or the Northern Territory. 21 Jervis Bay Territory means the Territory mentioned in the 22 Jervis Bay Territory Acceptance Act 1915 (Cwlth). 23 make includes issue or grant. 24 minor means an individual who is under 18. 25 modification includes addition, omission or substitution. 26 month means a calendar month. 27 named month means 1 of the 12 months of the year. 28 Northern Territory means the Northern Territory of Australia. 29 number means-- 30 (a) a number expressed in figures or words; or 31 Page 289

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (b) a letter; or 1 (c) a combination of a number so expressed and a letter. 2 oath, in relation to a person allowed by law to affirm, declare 3 or promise, includes affirmation, declaration or promise. 4 office includes position. 5 omit, in relation to a provision of this Law or an Act, includes 6 repeal. 7 party includes an individual or a body politic or corporate. 8 penalty includes forfeiture or punishment. 9 person includes an individual or a body politic or corporate. 10 power includes authority. 11 prescribed means prescribed by, or by regulations made or in 12 force for the purposes of or under, this Law. 13 printed includes typewritten, lithographed or reproduced by 14 any mechanical means. 15 proceeding means a legal or other action or proceeding. 16 property means any legal or equitable estate or interest 17 (whether present or future, vested or contingent, or tangible or 18 intangible) in real or personal property of any description 19 (including money), and includes things in action. 20 provision, in relation to this Law or an Act, means words or 21 other matter that form or forms part of this Law or the Act, 22 and includes-- 23 (a) a Chapter, Part, Division, Subdivision, section, 24 subsection, paragraph, subparagraph, sub-subparagraph 25 or Schedule of or to this Law or the Act; or 26 (b) a section, clause, subclause, item, column, table or form 27 of or in a Schedule to this Law or the Act; or 28 (c) the long title and any preamble to the Act. 29 record includes information stored or recorded by means of a 30 computer. 31 repeal includes-- 32 Page 290

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (a) revoke or rescind; or 1 (b) repeal by implication; or 2 (c) abrogate or limit the effect of this Law or instrument 3 concerned; or 4 (d) exclude from, or include in, the application of this Law 5 or instrument concerned any person, subject matter or 6 circumstance. 7 sign includes the affixing of a seal or the making of a mark. 8 statutory declaration means a declaration made under an Act, 9 or under a Commonwealth Act or an Act of another 10 jurisdiction, that authorises a declaration to be made 11 otherwise than in the course of a judicial proceeding. 12 statutory instrument means an instrument (including a 13 regulation) made or in force under or for the purposes of this 14 Law, and includes an instrument made or in force under any 15 such instrument. 16 swear, in relation to a person allowed by law to affirm, declare 17 or promise, includes affirm, declare or promise. 18 word includes any symbol, figure or drawing. 19 writing includes any mode of representing or reproducing 20 words in a visible form. 21 (2) In a statutory instrument-- 22 the Law means this Law. 23 13 Provisions relating to defined terms and gender and 24 number 25 (1) If this Law defines a word or expression, other parts of speech 26 and grammatical forms of the word or expression have 27 corresponding meanings. 28 (2) Definitions in or applicable to this Law apply except so far as 29 the context or subject matter otherwise indicates or requires. 30 (3) In this Law, words indicating a gender include each other 31 gender. 32 Page 291

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (4) In this Law-- 1 (a) words in the singular include the plural; and 2 (b) words in the plural include the singular. 3 14 Meaning of "may" and "must" etc 4 (1) In this Law, the word may, or a similar word or expression, 5 used in relation to a power indicates that the power may be 6 exercised or not exercised, at discretion. 7 (2) In this Law, the word must, or a similar word or expression, 8 used in relation to a power indicates that the power is required 9 to be exercised. 10 (3) This clause has effect despite any rule of construction to the 11 contrary. 12 15 Words and expressions used in statutory instruments 13 (1) Words and expressions used in a statutory instrument have the 14 same meanings as they have, from time to time, in this Law, or 15 relevant provisions of this Law, under or for the purposes of 16 which the instrument is made or in force. 17 (2) This clause has effect in relation to an instrument except so far 18 as the contrary intention appears in the instrument. 19 16 Effect of express references to bodies corporate and 20 individuals 21 In this Law, a reference to a person generally (whether the 22 expression "person", "party", "someone", "anyone", 23 "no-one", "one", "another" or "whoever" or another 24 expression is used)-- 25 (a) does not exclude a reference to a body corporate or an 26 individual merely because elsewhere in this Law there is 27 particular reference to a body corporate (however 28 expressed); and 29 (b) does not exclude a reference to a body corporate or an 30 individual merely because elsewhere in this Law there is 31 Page 292

Health Practitioner Regulation National Law Bill 2009 Schedule 7 particular reference to an individual (however 1 expressed). 2 17 Production of records kept in computers etc 3 If a person who keeps a record of information by means of a 4 mechanical, electronic or other device is required by or under 5 this Law-- 6 (a) to produce the information or a document containing the 7 information to a court, tribunal or person; or 8 (b) to make a document containing the information 9 available for inspection by a court, tribunal or person; 10 then, unless the court, tribunal or person otherwise directs-- 11 (c) the requirement obliges the person to produce or make 12 available for inspection, as the case may be, a document 13 that reproduces the information in a form capable of 14 being understood by the court, tribunal or person; and 15 (d) the production to the court, tribunal or person of the 16 document in that form complies with the requirement. 17 18 References to this jurisdiction to be implied 18 In this Law-- 19 (a) a reference to an officer, office or statutory body is a 20 reference to such an officer, office or statutory body in 21 and for this jurisdiction; and 22 (b) a reference to a locality or other matter or thing is a 23 reference to such a locality or other matter or thing in 24 and of this jurisdiction. 25 19 References to officers and holders of offices 26 In this Law, a reference to a particular officer, or to the holder 27 of a particular office, includes a reference to the person for the 28 time being occupying or acting in the office concerned. 29 Page 293

Health Practitioner Regulation National Law Bill 2009 Schedule 7 20 Reference to certain provisions of Law 1 If a provision of this Law refers-- 2 (a) to a Part, section or Schedule by a number and without 3 reference to this Law--the reference is a reference to the 4 Part, section or Schedule, designated by the number, of 5 or to this Law; or 6 (b) to a Schedule without reference to it by a number and 7 without reference to this Law--the reference, if there is 8 only one Schedule to this Law, is a reference to the 9 Schedule; or 10 (c) to a Division, Subdivision, subsection, paragraph, 11 subparagraph, sub-subparagraph, clause, subclause, 12 item, column, table or form by a number and without 13 reference to this Law--the reference is a reference to-- 14 (i) the Division, designated by the number, of the Part 15 in which the reference occurs; and 16 (ii) the Subdivision, designated by the number, of the 17 Division in which the reference occurs; and 18 (iii) the subsection, designated by the number, of the 19 section in which the reference occurs; and 20 (iv) the paragraph, designated by the number, of the 21 section, subsection, Schedule or other provision in 22 which the reference occurs; and 23 (v) the paragraph, designated by the number, of the 24 clause, subclause, item, column, table or form of or 25 in the Schedule in which the reference occurs; and 26 (vi) the subparagraph, designated by the number, of the 27 paragraph in which the reference occurs; and 28 (vii) the sub-subparagraph, designated by the number, 29 of the subparagraph in which the reference occurs; 30 and 31 (viii) the section, clause, subclause, item, column, table 32 or form, designated by the number, of or in the 33 Schedule in which the reference occurs; 34 as the case requires. 35 Page 294

Health Practitioner Regulation National Law Bill 2009 Schedule 7 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 2 includes-- 3 (a) a reference to the Chapter, Part, Division, Subdivision, 4 section, subsection or other provision of this Law or the 5 Act referred to that forms the beginning of the portion; 6 and 7 (b) a reference to the Chapter, Part, Division, Subdivision, 8 section, subsection or other provision of this Law or the 9 Act referred to that forms the end of the portion. 10 Example. A reference to "sections 5 to 9" includes both section 5 and 11 section 9. 12 It is not necessary to refer to "sections 5 to 9 (both inclusive)" to ensure 13 that the reference is given an inclusive interpretation. 14 Part 4 Functions and powers 15 22 Performance of statutory functions 16 (1) If this Law confers a function or power on a person or body, 17 the function may be performed, or the power may be 18 exercised, from time to time as occasion requires. 19 (2) If this Law confers a function or power on a particular officer 20 or the holder of a particular office, the function may be 21 performed, or the power may be exercised, by the person for 22 the time being occupying or acting in the office concerned. 23 (3) If this Law confers a function or power on a body (whether or 24 not incorporated), the performance of the function, or the 25 exercise of the power, is not affected merely because of 26 vacancies in the membership of the body. 27 Page 295

Health Practitioner Regulation National Law Bill 2009 Schedule 7 23 Power to make instrument or decision includes power to 1 amend or repeal 2 If this Law authorises or requires the making of an instrument 3 or decision-- 4 (a) the power includes power to amend or repeal the 5 instrument or decision; and 6 (b) the power to amend or repeal the instrument or decision 7 is exercisable in the same way, and subject to the same 8 conditions, as the power to make the instrument or 9 decision. 10 24 Matters for which statutory instruments may make 11 provision 12 (1) If this Law authorises or requires the making of a statutory 13 instrument in relation to a matter, a statutory instrument made 14 under this Law may make provision for the matter by 15 applying, adopting or incorporating (with or without 16 modification) the provisions of-- 17 (a) an Act or statutory instrument; or 18 (b) another document (whether of the same or a different 19 kind); 20 as in force at a particular time or as in force from time to time. 21 (2) If a statutory instrument applies, adopts or incorporates the 22 provisions of a document, the statutory instrument applies, 23 adopts or incorporates the provisions as in force from time to 24 time, unless the statutory instrument otherwise expressly 25 provides. 26 (3) A statutory instrument may-- 27 (a) apply generally throughout this jurisdiction or be 28 limited in its application to a particular part of this 29 jurisdiction; or 30 (b) apply generally to all persons, matters or things or be 31 limited in its application to-- 32 (i) particular persons, matters or things; or 33 Page 296

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (ii) particular classes of persons, matters or things; or 1 (c) otherwise apply generally or be limited in its application 2 by reference to specified exceptions or factors. 3 (4) A statutory instrument may-- 4 (a) apply differently according to different specified factors; 5 or 6 (b) otherwise make different provision in relation to-- 7 (i) different persons, matters or things; or 8 (ii) different classes of persons, matters or things. 9 (5) A statutory instrument may authorise a matter or thing to be 10 from time to time determined, applied or regulated by a 11 specified person or body. 12 (6) If this Law authorises or requires a matter to be regulated by 13 statutory instrument, the power may be exercised by 14 prohibiting by statutory instrument the matter or any aspect of 15 the matter. 16 (7) If this Law authorises or requires provision to be made with 17 respect to a matter by statutory instrument, a statutory 18 instrument made under this Law may make provision with 19 respect to a particular aspect of the matter despite the fact that 20 provision is made by this Law in relation to another aspect of 21 the matter or in relation to another matter. 22 (8) A statutory instrument may provide for the review of, or a 23 right of appeal against, a decision made under the statutory 24 instrument, or this Law, and may, for that purpose, confer 25 jurisdiction on any court, tribunal, person or body. 26 (9) A statutory instrument may require a form prescribed by or 27 under the statutory instrument, or information or documents 28 included in, attached to or given with the form, to be verified 29 by statutory declaration. 30 Page 297

Health Practitioner Regulation National Law Bill 2009 Schedule 7 25 Presumption of validity and power to make 1 (1) All conditions and preliminary steps required for the making 2 of a statutory instrument are presumed to have been satisfied 3 and performed in the absence of evidence to the contrary. 4 (2) A statutory instrument is taken to be made under all powers 5 under which it may be made, even though it purports to be 6 made under this Law or a particular provision of this Law. 7 26 Appointments may be made by name or office 8 (1) If this Law authorises or requires a person or body-- 9 (a) to appoint a person to an office; or 10 (b) to appoint a person or body to exercise a power; or 11 (c) to appoint a person or body to do another thing; 12 the person or body may make the appointment by-- 13 (d) appointing a person or body by name; or 14 (e) appointing a particular officer, or the holder of a 15 particular office, by reference to the title of the office 16 concerned. 17 (2) An appointment of a particular officer, or the holder of a 18 particular office, is taken to be the appointment of the person 19 for the time being occupying or acting in the office concerned. 20 27 Acting appointments 21 (1) If this Law authorises a person or body to appoint a person to 22 act in an office, the person or body may, in accordance with 23 this Law, appoint-- 24 (a) a person by name; or 25 (b) a particular officer, or the holder of a particular office, 26 by reference to the title of the office concerned; 27 to act in the office. 28 (2) The appointment may be expressed to have effect only in the 29 circumstances specified in the instrument of appointment. 30 Page 298

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (3) The appointer may-- 1 (a) determine the terms and conditions of the appointment, 2 including remuneration and allowances; and 3 (b) terminate the appointment at any time. 4 (4) The appointment, or the termination of the appointment, must 5 be in, or evidenced by, writing signed by the appointer. 6 (5) The appointee must not act for more than 1 year during a 7 vacancy in the office. 8 (6) If the appointee is acting in the office otherwise than because 9 of a vacancy in the office and the office becomes vacant, then, 10 subject to subclause (2), the appointee may continue to act 11 until-- 12 (a) the appointer otherwise directs; or 13 (b) the vacancy is filled; or 14 (c) the end of a year from the day of the vacancy; 15 whichever happens first. 16 (7) The appointment ceases to have effect if the appointee resigns 17 by writing signed and delivered to the appointer. 18 (8) While the appointee is acting in the office-- 19 (a) the appointee has all the powers and functions of the 20 holder of the office; and 21 (b) this Law and other laws apply to the appointee as if the 22 appointee were the holder of the office. 23 (9) Anything done by or in relation to a person purporting to act 24 in the office is not invalid merely because-- 25 (a) the occasion for the appointment had not arisen; or 26 (b) the appointment had ceased to have effect; or 27 (c) the occasion for the person to act had not arisen or had 28 ceased. 29 (10) If this Law authorises the appointer to appoint a person to act 30 during a vacancy in the office, an appointment to act in the 31 Page 299

Health Practitioner Regulation National Law Bill 2009 Schedule 7 office may be made by the appointer whether or not an 1 appointment has previously been made to the office. 2 28 Powers of appointment imply certain incidental powers 3 (1) If this Law authorises or requires a person or body to appoint 4 a person to an office-- 5 (a) the power may be exercised from time to time as 6 occasion requires; and 7 (b) the power includes-- 8 (i) power to remove or suspend, at any time, a person 9 appointed to the office; and 10 (ii) power to appoint another person to act in the office 11 if a person appointed to the office is removed or 12 suspended; and 13 (iii) power to reinstate or reappoint a person removed 14 or suspended; and 15 (iv) power to appoint a person to act in the office if it is 16 vacant (whether or not the office has ever been 17 filled); and 18 (v) power to appoint a person to act in the office if the 19 person appointed to the office is absent or is unable 20 to discharge the functions of the office (whether 21 because of illness or otherwise). 22 (2) The power to remove or suspend a person under subclause 23 (1)(b) may be exercised even if this Law provides that the 24 holder of the office to which the person was appointed is to 25 hold office for a specified period. 26 (3) The power to make an appointment under subclause (1)(b) 27 may be exercised from time to time as occasion requires. 28 (4) An appointment under subclause (1)(b) may be expressed to 29 have effect only in the circumstances specified in the 30 instrument of appointment. 31 Page 300

Health Practitioner Regulation National Law Bill 2009 Schedule 7 29 Delegation of functions 1 (1) If this Law authorises a person or body to delegate a function, 2 the person or body may, in accordance with this Law and any 3 other applicable law, delegate the function to-- 4 (a) a person or body by name; or 5 (b) a specified officer, or the holder of a specified office, by 6 reference to the title of the office concerned. 7 (2) The delegation may be-- 8 (a) general or limited; and 9 (b) made from time to time; and 10 (c) revoked, wholly or partly, by the delegator. 11 (3) The delegation, or a revocation of the delegation, must be in, 12 or evidenced by, writing signed by the delegator or, if the 13 delegator is a body, by a person authorised by the body for the 14 purpose. 15 (4) A delegated function may be exercised only in accordance 16 with any conditions to which the delegation is subject. 17 (5) The delegate may, in the performance of a delegated function, 18 do anything that is incidental to the delegated function. 19 (6) A delegated function that purports to have been exercised by 20 the delegate is taken to have been properly exercised by the 21 delegate unless the contrary is proved. 22 (7) A delegated function that is properly exercised by the delegate 23 is taken to have been exercised by the delegator. 24 (8) If, when exercised by the delegator, a function is dependent on 25 the delegator's opinion, belief or state of mind, then, when 26 exercised by the delegate, the function is dependent on the 27 delegate's opinion, belief or state of mind. 28 (9) If-- 29 (a) the delegator is a specified officer or the holder of a 30 specified office; and 31 Page 301

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (b) the person who was the specified officer or holder of the 1 specified office when the delegation was made ceases to 2 be the holder of the office; 3 then-- 4 (a) the delegation continues in force; and 5 (b) the person for the time being occupying or acting in the 6 office concerned is taken to be the delegator for the 7 purposes of this section. 8 (10) If-- 9 (a) the delegator is a body; and 10 (b) there is a change in the membership of the body; 11 then-- 12 (a) the delegation continues in force; and 13 (b) the body as constituted for the time being is taken to be 14 the delegator for the purposes of this section. 15 (11) If a function is delegated to a specified officer or the holder of 16 a specified office-- 17 (a) the delegation does not cease to have effect merely 18 because the person who was the specified officer or the 19 holder of the specified office when the function was 20 delegated ceases to be the officer or the holder of the 21 office; and 22 (b) the function may be exercised by the person for the time 23 being occupying or acting in the office concerned. 24 (12) A function that has been delegated may, despite the 25 delegation, be exercised by the delegator. 26 (13) The delegation of a function does not relieve the delegator of 27 the delegator's obligation to ensure that the function is 28 properly exercised. 29 (14) Subject to subsection (15), this clause applies to a 30 subdelegation of a function in the same way as it applies to a 31 delegation of a function. 32 Page 302

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (15) If this Law authorises the delegation of a function, the 1 function may be subdelegated only if the Law expressly 2 authorises the function to be subdelegated. 3 30 Exercise of powers between enactment and 4 commencement 5 (1) If a provision of this Law (the empowering provision) that 6 does not commence on its enactment would, had it 7 commenced, confer a power-- 8 (a) to make an appointment; or 9 (b) to make a statutory instrument of a legislative or 10 administrative character; or 11 (c) to do another thing; 12 then-- 13 (d) the power may be exercised; and 14 (e) anything may be done for the purpose of enabling the 15 exercise of the power or of bringing the appointment, 16 instrument or other thing into effect; 17 before the empowering provision commences. 18 (2) If a provision of a Queensland Act (the empowering 19 provision) that does not commence on its enactment would, 20 had it commenced, amend a provision of this Law so that it 21 would confer a power-- 22 (a) to make an appointment; or 23 (b) to make a statutory instrument of a legislative or 24 administrative character; or 25 (c) to do another thing; 26 then-- 27 (d) the power may be exercised; and 28 (e) anything may be done for the purpose of enabling the 29 exercise of the power or of bringing the appointment, 30 instrument or other thing into effect; 31 before the empowering provision commences. 32 Page 303

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (3) If-- 1 (a) this Law has commenced and confers a power to make a 2 statutory instrument (the basic instrument-making 3 power); and 4 (b) a provision of a Queensland Act that does not 5 commence on its enactment would, had it commenced, 6 amend this Law so as to confer additional power to 7 make a statutory instrument (the additional 8 instrument-making power); 9 then-- 10 (c) the basic instrument-making power and the additional 11 instrument-making power may be exercised by making a 12 single instrument; and 13 (d) any provision of the instrument that required an exercise 14 of the additional instrument-making power is to be 15 treated as made under subclause (2). 16 (4) If an instrument, or a provision of an instrument, is made 17 under subclause (1) or (2) that is necessary for the purpose 18 of-- 19 (a) enabling the exercise of a power mentioned in the 20 subclause; or 21 (b) bringing an appointment, instrument or other thing 22 made or done under such a power into effect; 23 the instrument or provision takes effect-- 24 (c) on the making of the instrument; or 25 (d) on such later day (if any) on which, or at such later time 26 (if any) at which, the instrument or provision is 27 expressed to take effect. 28 (5) If-- 29 (a) an appointment is made under subclause (1) or (2); or 30 (b) an instrument, or a provision of an instrument, made 31 under subclause (1) or (2) is not necessary for a purpose 32 mentioned in subclause (4); 33 the appointment, instrument or provision takes effect-- 34 Page 304

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (c) on the commencement of the relevant empowering 1 provision; or 2 (d) on such later day (if any) on which, or at such later time 3 (if any) at which, the appointment, instrument or 4 provision is expressed to take effect. 5 (6) Anything done under subclause (1) or (2) does not confer a 6 right, or impose a liability, on a person before the relevant 7 empowering provision commences. 8 (7) After the enactment of a provision mentioned in subclause (2) 9 but before the provision's commencement, this clause applies 10 as if the references in subclauses (2) and (5) to the 11 commencement of the empowering provision were references 12 to the commencement of the provision mentioned in 13 subclause (2) as amended by the empowering provision. 14 (8) In the application of this clause to a statutory instrument, a 15 reference to the enactment of the instrument is a reference to 16 the making of the instrument. 17 Part 5 Distance, time and age 18 31 Matters relating to distance, time and age 19 (1) In the measurement of distance for the purposes of this Law, 20 the distance is to be measured along the shortest road 21 ordinarily used for travelling. 22 (2) If a period beginning on a given day, act or event is provided 23 or allowed for a purpose by this Law, the period is to be 24 calculated by excluding the day, or the day of the act or event, 25 and-- 26 (a) if the period is expressed to be a specified number of 27 clear days or at least a specified number of days--by 28 excluding the day on which the purpose is to be 29 fulfilled; and 30 Page 305

Health Practitioner Regulation National Law Bill 2009 Schedule 7 (b) in any other case--by including the day on which the 1 purpose is to be fulfilled. 2 (3) If the last day of a period provided or allowed by this Law for 3 doing anything is not a business day in the place in which the 4 thing is to be or may be done, the thing may be done on the 5 next business day in the place. 6 (4) If the last day of a period provided or allowed by this Law for 7 the filing or registration of a document is a day on which the 8 office is closed where the filing or registration is to be or may 9 be done, the document may be filed or registered at the office 10 on the next day that the office is open. 11 (5) If no time is provided or allowed for doing anything, the thing 12 is to be done as soon as possible, and as often as the 13 prescribed occasion happens. 14 (6) If, in this Law, there is a reference to time, the reference is, in 15 relation to the doing of anything in a jurisdiction, a reference 16 to the legal time in the jurisdiction. 17 (7) For the purposes of this Law, a person attains an age in years 18 at the beginning of the person's birthday for the age. 19 Part 6 Effect of repeal, amendment or 20 expiration 21 32 Time of Law ceasing to have effect 22 If a provision of this Law is expressed-- 23 (a) to expire on a specified day; or 24 (b) to remain or continue in force, or otherwise have effect, 25 until a specified day; 26 this provision has effect until the last moment of the specified 27 day. 28 Page 306

Health Practitioner Regulation National Law Bill 2009 Schedule 7 33 Repealed Law provisions not revived 1 If a provision of this Law is repealed or amended by a 2 Queensland Act, or a provision of a Queensland Act, the 3 provision is not revived merely because the Queensland Act 4 or the provision of the Queensland Act-- 5 (a) is later repealed or amended; or 6 (b) later expires. 7 34 Saving of operation of repealed Law provisions 8 (1) The repeal, amendment or expiry of a provision of this Law 9 does not-- 10 (a) revive anything not in force or existing at the time the 11 repeal, amendment or expiry takes effect; or 12 (b) affect the previous operation of the provision or 13 anything suffered, done or begun under the provision; or 14 (c) affect a right, privilege or liability acquired, accrued or 15 incurred under the provision; or 16 (d) affect a penalty incurred in relation to an offence arising 17 under the provision; or 18 (e) affect an investigation, proceeding or remedy in relation 19 to such a right, privilege, liability or penalty. 20 (2) Any such penalty may be imposed and enforced, and any such 21 investigation, proceeding or remedy may be begun, continued 22 or enforced, as if the provision had not been repealed or 23 amended or had not expired. 24 35 Continuance of repealed provisions 25 If a Queensland Act repeals some provisions of this Law and 26 enacts new provisions in substitution for the repealed 27 provisions, the repealed provisions continue in force until the 28 new provisions commence. 29 Page 307

Health Practitioner Regulation National Law Bill 2009 Schedule 7 36 Law and amending Acts to be read as one 1 This Law and all Queensland Acts amending this Law are to 2 be read as 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 6 that may be done or are required to be done under a statutory 7 instrument, in the same way as it applies to this Law, and 8 things that may be done or are required to be done under this 9 Law, except so far as the context or subject matter otherwise 10 indicates or requires. 11 (2) The fact that a provision of this Schedule refers to this Law 12 and not also to a statutory instrument does not, by itself, 13 indicate that the provision is intended to apply only to this 14 Law. 15 Part 8 Application to coastal sea 16 38 Application 17 This Law has effect in and relation to the coastal sea of this 18 jurisdiction as if that coastal sea were part of this jurisdiction. 19 � State of Queensland 2009 Page 308

[Index] [Search] [Download] [Related Items] [Help]