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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Health Legislation (Health Practitioner
Regulation National Law) Amendment Bill
2012
Explanatory Notes
Short Title
The short title of the Bill is the Health Legislation (Health Practitioner
Regulation National Law) Amendment Bill 2012 (the Bill).
Policy objectives and the reasons for them
The principal objective of the Bill is to abolish the state registration scheme
for Queensland medical radiation practitioners and occupational therapists,
to support their transition into the National Registration and Accreditation
Scheme for the Health Professions (the National Scheme) from 1 July
2012.
On 26 March 2008, the Council of Australian Governments (COAG)
signed the `Intergovernmental Agreement for a National Registration and
Accreditation Scheme for the Health Professions' (the COAG-IGA), which
provides for a single national registration and accreditation scheme for
health professions to replace individual state and territory based schemes.
COAG agreed to the inclusion of the following ten professions into the
National Scheme from 1 July 2010: chiropractic, dental, medical, nursing
and midwifery, optometry, osteopathy, pharmacy, physiotherapy, podiatry
and psychology.
On 5 March 2009, the Australian Health Workforce Ministerial Council
agreed to include an additional three health professions into the National
Scheme from 1 July 2012, increasing this on 27 August 2009 to the
following four professions: Aboriginal and Torres Strait Islander health
practice, Chinese medicine practice, medical radiation practice and
occupational therapy.
Parliament has previously enacted three pieces of legislation to implement
the National Scheme. The first piece of legislation, the Health Practitioner
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Regulation (Administrative Arrangements) National Law Act 2008,
provided for the adoption of a National Law, hosted by Queensland,
prescribing limited matters for the first stage of implementation of the
National Scheme. This Act also created the Australian Health Practitioner
Regulation Agency (AHPRA) and national boards, operational from 1
February 2009 and 1 July 2009 respectively, but did not confer authority
for registration functions.
The second piece of legislation was the Health Practitioner Regulation
National Law Act 2009. Scheduled to this Act is the Health Practitioner
Regulation National Law (the National Law) containing the substantive
content of the National Scheme, including authority for registration,
accreditation and disciplinary processes. In accordance with the
COAG-IGA, all other jurisdictions have implemented adopting or
corresponding legislation applying the National Law in that jurisdiction.
The third piece of legislation, the Health Legislation (Health Practitioner
Regulation National Law) Amendment Act 2010 repealed or partially
rescinded the 12 health practitioner registration Acts that were replaced by
the National Law. This Act also consequentially amended various Health
and other portfolio Acts which refer to Acts, bodies and matters affected by
the transition of the original ten professions to the National Scheme.
Consistent with the third piece of legislation, this current Bill is required to
fully implement the National Scheme in Queensland. It abolishes the state
registration Acts for medical radiation practitioners and occupational
therapists and makes the necessary administrative and consequential
amendments to legislation across Government required to accommodate
and appropriately reflect the transition of medical radiation practitioners
and occupational therapists to the National Scheme on 1 July 2012.
In addition, the Bill restores the ability to recruit suitably qualified
psychiatrists to assess and examine involuntary patients under the Mental
Health Act 2000 in regional and remote areas of the state.
Achievement of policy objectives
To achieve its objectives, the Bill will:
· repeal the Medical Radiation Technologists Registration Act 2001 and
the Occupational Therapists Registration Act 2001;
· amend the Health Practitioner (Professional Standards) Act 1999 to
partially rescind its application to medical radiation practitioners and
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
occupational therapists and include these professions in provisions
applying only to the National Scheme professions;
· amend the Health Practitioner Registration Boards (Administration)
Act 1999 to rescind its application to medical radiation practitioners
and occupational therapists; and
· consequentially amend various Health and other portfolio Acts which
refer to Acts, bodies and matters affected by the transition of medical
radiation practitioners and occupational therapists to the National
Scheme.
The Bill will also amend the definition of `psychiatrist' in the Mental
Health Act 2000 to extend the meaning to include a medical practitioner,
granted limited registration in an area of need under the National Law, to
practise in a specialist position in psychiatry.
Repeal registration Acts
The Medical Radiation Technologists Registration Act 2001 and the
Occupational Therapists Registration Act 2001 currently address
registration, accreditation and disciplinary matters in relation to the
registration of medical radiation practitioners and occupational therapists
in Queensland.
As these matters will be wholly dealt with for these professions under the
National Law, the Bill repeals these two registration Acts from 1 July 2012.
This has the effect of abolishing the boards currently responsible for
performing registration and accreditation functions in relation to the
affected professions. From 1 July 2012, these functions will be wholly
performed by the two national boards established under the National Law.
Amendments to the Health Practitioners (Professional
Standards) Act
The National Law provides for questions of professional misconduct by a
registered health practitioner to be heard by a responsible tribunal.
Questions of unsatisfactory professional conduct or impairment may be
decided by a national board or a performance and professional standards
panel or health panel. These panels may be established by national boards
in response to notifications or other concerns about the health, performance
or conduct of a nationally registered health practitioner.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Jurisdiction to review certain disciplinary and other decisions of boards and
panels is vested in each jurisdiction's responsible tribunal. The Health
Practitioner Regulation National Law Act 2009 (Qld) declares the
Queensland Civil and Administrative Tribunal (QCAT) to be Queensland's
responsible tribunal.
The Health Practitioner (Professional Standards) Act 1999 currently
prescribes a range of matters regarding the handling of investigations and
disciplinary matters in relation to Queensland-registered health
practitioners (that is, dental technicians, speech pathologists, occupational
therapists and medical radiation practitioners). These matters include the
powers of State boards and professional conduct review panels, the review
by QCAT of decisions of boards and panels and the further review and
appeal of QCAT decisions. As the majority of these matters are prescribed
in relation to National Scheme professions under the National Law, the
Health Practitioner (Professional Standards) Act will need to be amended
to rescind its application to medical radiation practitioners and
occupational therapists.
However, while the National Law prescribes the substantive disciplinary
matters that a responsible tribunal may hear, it otherwise leaves each
jurisdiction free to prescribe the form, constitution and procedures of the
responsible tribunal for that jurisdiction (though not inconsistently with the
National Law). Consequently, the Health Practitioner (Professional
Standards) Act contains provisions that apply to nationally-registered
health practitioners. Therefore, those provisions will need to apply to
disciplinary proceedings involving medical radiation practitioners and
occupational therapists.
The Bill therefore amends the Health Practitioner (Professional Standards)
Act to allow that Act to provide for public and professional panels of
assessors for use in disciplinary proceedings involving medical radiation
practitioners and occupational therapists once they transition to the
National Scheme.
In addition, the Bill substantially replicates transitional provisions provided
for in the Health Legislation (Health Practitioner Regulation National
Law) Amendment Act 2010, to apply section 289 of the National Law
(which provides for the continuation of existing complaints and
notifications about disciplinary matters for professions transitioning to the
National Scheme). The transitional provisions deal with existing bodies,
officeholders, proceedings and other matters established, appointed or
commenced under the Health Practitioners (Professional Standards) Act
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
1999 in relation to medical radiation practitioners and occupational
therapists.
Amendments to the Health Practitioner Registration Boards
(Administration) Act
The Health Practitioner Registration Boards (Administration) Act 1999
establishes the Office of Health Practitioner Registration Boards (OHPRB)
and requires the Queensland health practitioner registration boards to
source all administrative and operational services from the OHPRB under a
service agreement. The Medical Radiation Technologists Board of
Queensland and the Occupational Therapists Board of Queensland, which
currently source services from the OHPRB, will be replaced by national
boards under the National Law from 1 July 2012. The National Boards
will be required to source these services from AHPRA from that time.
The Bill therefore rescinds the application of the Health Practitioner
Registration Boards (Administration) Act 1999 to medical radiation
practitioners and occupational therapists upon their transition to the
National Scheme on 1 July 2012, with the Act continuing wholly in force
for the remaining two professions.
Consequential amendments to other Queensland portfolio
legislation
A significant number of Acts across government refer to Acts, bodies and
matters affected by the transition of medical radiation practitioners and
occupational therapists to the National Scheme on 1 July 2012. To this
end, they use definitions of `health practitioner registration Act', `health
practitioner' and other related definitions which will be rendered in part or
in whole obsolete by the transition of medical radiation practitioners and
occupational therapists to the National Scheme. The Bill amends these
Acts by updating these definitions to reflect the new statutory distribution
of registration and accreditation responsibilities.
In addition, a number of minor consequential amendments were identified
since enactment of the Health Legislation (Health Practitioner Regulation
National Law) Amendment Act 2010. These amendments are related to
definitions and section numbering.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Amendment of the Mental Health Act
The Health Legislation (Health Practitioner Regulation National Law)
Amendment Act 2010 amended the definition of `psychiatrist' in the Mental
Health Act to refer to a person registered under the National Law rather
than the Medical Practitioners Registration Act 2001 (which was repealed
under the Amendment Act). An unintended practical effect of this
amendment is impacting upon the ability to utilise suitably qualified "area
of need" registrants in remote and regional areas of the State.
Areas of need are geographical or health care service areas where it has
been difficult to recruit health professionals. These areas are declared
under section 67 of the National Law. Under the National Law, a person
may be granted "limited registration" under an area of need if that person
does not have the full qualifications and accreditation needed for general
registration, but does meet a minimum standard for an area of need as
determined by the relevant health practitioner registration board.
Under the previous definition of `psychiatrist', both specialist registrants
(in psychiatry) and limited registrants (i.e. area of need registrants
practising in a specialist position in psychiatry) were able to perform the
functions of an `authorised psychiatrist' under the Mental Health Act.
However, the 2010 amendment inadvertently limited this to only specialist
registrants.
The greatest impact of this anomaly has been felt in regional areas where
Mental Health Services have more difficulty recruiting specialist
psychiatry registrants and rely on area of need registrants. Since the issue
was identified, it has been addressed administratively, by requiring
unaffected psychiatrists to endorse decisions made by area of need
registrants. However, this has proven difficult (particularly in remote
locations) and can only be an interim measure until the definition is
updated. Restoring the previous policy will mitigate any impediment to the
provision of mental health services in regional Queensland resulting from
the 2010 amendment.
Alternative ways of achieving policy objectives
There are no viable alternatives that would achieve the policy objectives
other than the proposed Bill.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Estimated Cost for Government Implementation
COAG previously agreed to a contribution by governments of $19.8
million to transition to the National Scheme by 1 July 2010, after which the
scheme would be self-funding. No additional costs to government arise
from the current Bill.
Consistency with Fundamental Legislative Principles
The Bill makes consequential amendments stemming from implementation
of a national scheme. This raises the question of whether the legislation
erodes Parliament's sovereign power due to being based on an agreement
between the executives of participating jurisdictions. In its Alert Digest
No. 12 of 2008, in which it considered the Health Practitioner Regulation
(Administrative Arrangements) National Law Bill 2008, the former
Parliamentary Scrutiny of Legislation Committee raised concerns that:
· the National Scheme establishes and confers authority in relation to
health practitioners practising in Queensland on AHPRA and national
boards, which are only indirectly accountable to Parliament;
· the COAG IGA commits participating jurisdictions to use their best
endeavours not to submit legislation to their legislatures which is
inconsistent with the National Law;
· the COAG IGA confers authority on the Australian Health Workforce
Ministerial Council to determine whether to seek to amend the
National Law; and
· the COAG IGA commits participating jurisdictions to only withdraw
from the National Scheme as a last resort.
The Explanatory Notes for the previous three Bills relating to the National
Scheme (being the Health Practitioner Regulation (Administrative
Arrangements) National Law Bill 2008, the Health Practitioner Regulation
National Law Act 2009 and the Health Legislation (Health Practitioner
Regulation National Law) Amendment Bill 2010) observed that the
introduction of national scheme legislation in a State or Territory
Parliament for adoption by other participating States and Territories is a
standard approach to implementing national schemes in areas, like health,
where relevant legislative powers rest with the States and Territories, and
not with the Commonwealth. In the case of the National Scheme, the
Explanatory Notes also identify that Queensland Parliament remains
sovereign. This sovereignty arises both because Queensland is the host
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
jurisdiction for the national scheme legislation and because the power to
decide whether to apply or to continue applying the National Law in
Queensland rests with the Queensland Parliament.
In its consideration of the Health Practitioner Regulation National Law Bill
2009, Parliament was satisfied that the benefits of the National Scheme,
such as improved safeguards, reduced red tape, greater efficiency and
improved workforce mobility, are sufficient to justify Queensland's
application of national scheme legislation. Parliament consequently
endorsed Queensland's entry into the National Scheme.
It is considered that, as the current Bill only makes those administrative and
consequential amendments required to continue to give effect to
Parliament's decision to host and apply the National Law in Queensland,
no new fundamental legislative principles regarding national scheme
legislation arise.
The amendment to the Mental Health Act could be regarded as affecting
the rights and liberties of individuals by applying retrospectively.
Retrospective application of this amendment is deemed necessary to
correct an oversight that occurred unintentionally through passage of the
National Law in 2009 and that was not identified for inclusion in the
Health Legislation (Health Practitioner Regulation National Law)
Amendment Act 2010. Backdating the amendment to 1 July 2010 will
ratify decisions and provide surety to affected registrants who have been
performing functions under the Mental Health Act under an interim
directive that requires all area of need registrants to have clinical decisions
confirmed by a registered specialist psychiatrist.
Retrospectivity will not detrimentally impact on any individual or business
and citizens will not be deprived of their legal rights. Retrospectivity is
intended purely to clarify the legitimacy of any official medical role and
does not remove any legal right to take action for an alleged clinical failure
towards a patient.
The level of care provided to patients, and the safeguards in place have not
changed with the commencement of the National Law. Under the National
Law the affected registrants are considered, for all intents and purposes,
psychiatrists and can practice psychiatry.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Consultation
Extensive consultation was undertaken nationally prior to the signing of the
COAG agreement on 26 March 2008 and during development of the first
two pieces of legislation for the National Scheme.
This consultation included the release of a series of consultation papers,
release of exposure draft legislation, the holding of numerous State,
Territory and National forums and meetings with representatives of key
professional and consumer organisations.
Consultation was overseen by the following Intergovernmental
committees:
· the National Registration and Accreditation Implementation Project
(NRAIP) Governance Committee, comprising Australian Health
Ministers' Advisory Council (AHMAC) members or their deputies;
and
· the Legislative Drafting Group, appointed by Health Chief Executive
Officers, comprising senior policy and legislation officials from each
jurisdiction's health department.
The following key stakeholders have been consulted during the
development of the current Bill:
· Australian Health Practitioner Regulation National Agency;
· Office of Health Practitioner Registration Boards;
· Medical Radiation Technologists Board of Queensland;
· Occupational Therapists Board of Queensland;
· Australian Medical Association (Queensland); and
· Royal Australian and New Zealand College of Psychiatrists.
In addition, the following key stakeholders were consulted and offered an
opportunity to comment on the amendment to the definition of
`psychiatrist' in the Mental Health Act:
· Mental Health Review Tribunal
· Queensland Alliance
· Australian Medical Association Queensland Branch
· Royal Australian and New Zealand College of Psychiatrists.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Notes on Provisions
Part 1 Preliminary
Short title
Clause 1 sets out the short title of the Act - the Health Legislation (Health
Practitioner Regulation National Law) Amendment Act 2012.
Commencement
Clause 2 provides for the Act to commence on 1 July 2012. This
commencement date coincides with the date on which medical radiation
practitioners and occupational therapists are transitioning to the National
Scheme.
Part 2 Amendment of Ambulance
Service Act 1991
Act amended
Clause 3 specifies that Part 2 amends the Ambulance Service Act 1991.
Amendment of s 50D (Definitions for div 1)
Clause 4 amends the definition of `health professional' in section 50D to
remove the references to the Medical Radiation Technologists Registration
Act 2001 and the Occupational Therapists Registration Act 2001, which
are both being repealed. The amended definition includes persons
registered under the Health Practitioner Regulation National Law to
practise, other than as a student, in the medical radiation practice and
occupational therapy professions.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Amendment of schedule (Dictionary)
Clause 5 inserts a definition into the Schedule for `Health Practitioner
Regulation National Law (Queensland)', as this term is used in the Act but
is not defined. The definition links the reader back to the meaning outlined
in section 4 of the Health Practitioner Regulation National Law Act 2009,
which outlines how the Health Practitioner Regulation National Law set
out in the Schedule of the Act may be applied and referred to in
Queensland.
Part 3 Amendment of Child Protection
Act 1999
Act amended
Clause 6 specifies that Part 3 amends the Child Protection Act 1999.
Amendment of sch 3 (Dictionary)
Clause 7 amends the definition of `health practitioner' in Schedule 3 to
remove the reference to the Occupational Therapists Registration Act
2001, which is being repealed. The amended definition includes persons
registered under the Health Practitioner Regulation National Law to
practise, other than as a student, in the occupational therapy profession.
Part 4 Amendment of Commission for
Children and Young People and
Child Guardian Act 2000
Act amended
Clause 8 specifies that Part 4 amends the Commission for Children and
Young People and Child Guardian Act 2000.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Amendment of sch 7 (Dictionary)
Clause 9 amends the definition of `registered health practitioner' in
Schedule 7 to remove the references to the Medical Radiation
Technologists Registration Act 2001 and the Occupational Therapists
Registration Act 2001, which are both being repealed. The amended
definition still applies to persons registered under the Health Practitioner
Regulation National Law to practise in the medical radiation practice and
occupational therapy professions.
In addition, the definition is amended to clarify that the term `registered
health practitioner' used throughout the Act does not include persons
registered as students under the Health Practitioner Regulation National
Law. Removing nationally-registered students from the definition is
consistent with similar definitions in other legislation and both clarifies and
recognises that student registrants are not qualified to perform some of the
functions under the Act that need to be performed by suitably qualified
registrants.
Part 5 Amendment of Dental
Technicians Registration Act
2001
Act amended
Clause 10 specifies that Part 5 amends the Dental Technicians Registration
Act 2001.
Amendment of s 124 (Notification of certain events to interstate
regulatory authorities and other entities)
Clause 11 inserts a definition into section 124 to define `Health
Practitioner Regulation National Law (Queensland)', as this term is used in
the Act but is not defined. The definition links the reader back to the
meaning outlined in section 4 of the Health Practitioner Regulation
National Law Act 2009, which outlines how the Health Practitioner
Regulation National Law set out in the Schedule of the Act may be applied
and referred to in Queensland.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Amendment of sch 4 (Dictionary)
Clause 12 amends the definition of `health practitioner registration Act' in
Schedule 4 to remove the references to the Medical Radiation
Technologists Registration Act 2001 and the Occupational Therapists
Registration Act 2001, which are both being repealed. The amended
definition will capture all health practitioners registered under the Health
Practitioner Regulation National Law or a specified state-based registration
Act.
Clause 12 also amends the definition of `Queensland health practitioner
registration Acts' in Schedule 4 to remove the references to the Medical
Radiation Technologists Registration Act 2001 and the Occupational
Therapists Registration Act 2001, which are both being repealed. The
amended definition will capture only the state-based registration Acts in
existence after commencement of the Act, being the Dental Technicians
Registration Act 2001 and the Speech Pathologists Registration Act 2001.
Part 6 Amendment of Disability
Services Act 2006
Act amended
Clause 13 specifies that Part 6 amends the Disability Services Act 2006.
Amendment of sch 7 (Dictionary)
Clause 14 amends the definition of `registered health practitioner' to
remove the references to the Medical Radiation Technologists Registration
Act 2001 and the Occupational Therapists Registration Act 2001, which
are both being repealed. The amended definition includes persons
registered under the Health Practitioner Regulation National Law to
practise in the medical radiation practice and occupational therapy
professions.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 7 Amendment of Forensic
Disability Act 2011
Act amended
Clause 15 specifies that Part 7 amends the Forensic Disability Act 2011.
Amendment of sch 2 (Dictionary)
Clause 16 amends the definition of `registered health practitioner' in
Schedule 2 to remove the reference to the Occupational Therapists
Registration Act 2001, which is being repealed. The amended definition
includes persons registered under the Health Practitioner Regulation
National Law to practise, other than as a student, in the occupational
therapy profession.
Part 8 Amendment of Health Act 1937
Act amended
Clause 17 specifies that Part 8 amends the Health Act 1937.
Amendment of s 5 (Interpretation)
Clause 18 amends the definition of `health practitioner registration Act' in
section 5 to remove the references to the Medical Radiation Technologists
Registration Act 2001 and the Occupational Therapists Registration Act
2001, which are both being repealed. The amended definition will capture
all health practitioners registered under the Health Practitioner Regulation
National Law or a specified state-based registration Act.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 9 Amendment of Health and
Hospitals Network Act 2011
Act amended
Clause 19 specifies that Part 9 amends the Health and Hospitals Network
Act 2011.
Amendment of sch 3 (Dictionary)
Clause 20 amends the definition of `health practitioner registration Act' in
Schedule 3 to remove the references to the Medical Radiation
Technologists Registration Act 2001 and the Occupational Therapists
Registration Act 2001, which are both being repealed. The amended
definition will capture all health practitioners registered under the Health
Practitioner Regulation National Law or a specified state-based registration
Act.
Part 10 Amendment of Health
Practitioner Registration Boards
(Administration) Act 1999
Act amended
Clause 21 specifies that Part 10 amends the Health Practitioner
Registration Boards (Administration) Act 1999.
Amendment of schedule (Dictionary)
Clause 22 amends the definition of `health practitioner registration Act' in
the Schedule to remove the references to the Medical Radiation
Technologists Registration Act 2001 and the Occupational Therapists
Registration Act 2001, which are both being repealed. The amended
definition will capture only the remaining specified state-based registration
Acts, as the Health Practitioner Registration Boards (Administration) Act
does not apply to National Scheme professions.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 11 Amendment of Health
Practitioners (Professional
Standards) Act 1999
Act amended
Clause 23 specifies that Part 11 amends the Health Practitioners
(Professional Standards) Act 1999.
Amendment of s 39 (Panels of assessors)
Clause 24 amends section 39 to omit the panels of assessors for the
medical radiation technology and occupational therapy professions. The
primary functions of a professional panel of assessors under the
Professional Standards Act are to furnish members of professional conduct
review panels and to assist QCAT in hearing disciplinary matters. The
amendment to section 39 will leave in place panels of assessors for
State-registered professions only (being speech pathology and dental
technology).
Amendment of s 398ZL (Panel of assessors)
Clause 25 amends section 398ZL to establish panels of assessors for the
medical radiation practice and occupational therapy professions for
disciplinary proceedings under the National Law.
For the sake of clarity and convenience, the Health Legislation (Health
Practitioner Regulation National Law) Amendment Act 2010 duplicated
and consolidated all provisions of the Act in relation to disciplinary matters
for National Scheme registrants, arising under either a State Act or the
National Law, in Part 12A of the Act. Section 398ZL, which provides for
the creation of panels of assessors for National Scheme professions, is
included in Part 12A.
Renumbering of pt 13, div 5 (Transitional provision for Criminal
History Screening Legislation Amendment Act 2010)
Clause 26 rectifies a duplication of numbering for Part 13, Division 5 of
the Health Practitioners (Professional Standards) Act. The clause amends
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
the first occurring Part 13, division 5 to renumber it as Part 13, Division
4A.
Renumbering of s 405L (Giving particular information to
Commissioner for Children and Young People and Child
Guardian)
Clause 27 rectifies a duplication of numbering for section 405L of the
Health Practitioners (Professional Standards) Act. The clause amends the
first occurring section 405L to renumber it as section 405KA.
Insertion of new pt 13, div 6
Clause 28 inserts a transitional Division 6 to apply section 289 of the
National Law to the Health Practitioner (Professional Standards) Act and to
deal with existing bodies, officeholders, proceedings and other matters
established, appointed or commenced under the Professional Standards Act
in relation to medical radiation practitioners and occupational therapists
transitioning to the National Scheme on 1 July 2012.
New section 405W inserts definitions for Division 6.
New section 405X provides that the existing panels of assessors for the
medical radiation practice and occupational therapy professions are taken
to be the panels of assessors for those professions under Part 12A.
New section 405Y applies section 289 of the National Law to the
Professional Standards Act. Section 289 of the National Law provides for
complaints or proceedings commenced but not completed under a
Queensland law by the commencement day (in Queensland's case, 1 July
2012) to continue to be dealt with as if that law had not been repealed.
However, section 289 does not apply to the Health Practitioners
(Professional Standards) Act, because it is not being repealed. Therefore,
new section 405Y also applies section 289 to complaints, proceedings and
appeals commenced but not completed under the Professional Health
Practitioners (Professional Standards) Act, despite that Act not having been
repealed.
New section 405Z further applies section 289 of the National Law to
disciplinary matters and related proceedings or appeals commenced under
the Health Practitioners (Professional Standards) Act, despite no complaint
or notification having been received by the relevant registration board.
This catches up situations where the registration board has commenced
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
proceedings because of relevant information that has become known to it
other than through a complaint or notification.
New section 405ZA provides that existing tribunal proceedings and
existing appeals underway on Queensland's participation day must
continue to be dealt with as if the Act or Acts under which they were
commenced had not been repealed. The new section further provides that
the relevant national board takes the place in any proceedings of the state
board which it succeeds.
New section 405ZB provides for the ending of appointments of
investigators. The new section states that the appointment under the Health
Practitioners (Professional Standards) Act of investigators by state boards
which are abolished on the commencement day, ends at that time. The
investigator must provide to the relevant national board, all documents and
other things relating to complaint and non-complaint disciplinary matters
taken for the purposes of investigating that matter under section 289 of the
National Law.
New section 405ZC provides for the ending of appointments of inspectors.
The new section states that the appointment under the Health Practitioners
(Professional Standards) Act of inspectors by state boards which are
abolished on the commencement day, ends at that time. Any investigation
being conducted by the person also ends at that time. The section further
clarifies that the inspector may make a voluntary notification to the relevant
national board of any information gleaned by them in the course of
conducting an investigation under the Health Practitioners (Professional
Standards) Act.
New section 405ZD requires that certain records, which otherwise would
have been required to be provided to the relevant state board, must, from
the commencement day, be provided to the succeeding national board.
New section 405ZE requires that registrants, who would otherwise have
been required to give notice of certain matters to the relevant state board,
must, from the commencement day, give notice of those matters to the
succeeding national board.
New section 405ZF transfers liability for acts done or omissions made by
persons acting under the Health Practitioners (Professional Standards) Act
or the repealed health practitioner registration Acts (for medical radiation
practitioners and occupational therapists) from the relevant Queensland
registration board to the National Agency. This does not affect the scope of
the existing vesting of liability in the relevant board, but simply nominates
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
the appropriate body under the National Scheme in which liability should
instead be vested.
New section 405ZG deals with penalties payable in relation to offences
against the Health Practitioners (Professional Standards) Act or a repealed
health practitioner registration Act (for medical radiation practitioners and
occupational therapists). Where a court has not finished hearing a
proceeding for an offence brought by a former board, any penalties that
may be ordered paid to the board must instead be ordered paid to the
relevant national board.
Amendment of schedule (Dictionary)
Clause 29 inserts or amends a number of definitions in the Schedule as a
result of medical radiation practitioners and occupational therapists
transitioning to the National Scheme on 1 July 2012
Subclause (1) inserts a definition for `Health Practitioner Regulation
National Law (Queensland)', as this term is used in the Act but is not
defined. The definition links the reader back to the meaning outlined in
section 4 of the Health Practitioner Regulation National Law Act 2009,
which outlines how the Health Practitioner Regulation National Law set
out in the Schedule of the Act may be applied and referred to in
Queensland.
Subclause (2) amends the definition of `amending Act' to refer to the
multiple uses of this term in the Act. An additional meaning of
commencement is required for the transitional provisions being inserted for
the Health Legislation (Health Practitioner Regulation National Law) Act
2012.
Subclause (3) amends the definition of `commencement' to refer to the
multiple uses of this term in the Act. An additional meaning of
commencement is required for the transitional provisions being inserted for
the Health Legislation (Health Practitioner Regulation National Law) Act
2012.
Subclause (4) amends the definition of `former board' to refer to both the
existing transitional provisions for the Health Legislation (Health
Practitioner Regulation National Law) Act 2010 and the new transitional
provisions for the Health Legislation (Health Practitioner Regulation
National Law) Act 2012.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Subclause (5) amends the definition of `health practitioner registration Act'
to remove the references to the Medical Radiation Technologists
Registration Act 2001 and the Occupational Therapists Registration Act
2001, which are both being repealed. The amended definition will capture
only the remaining specified state-based registration Acts.
Subclause (6) amends the definition of `profession' to omit references to
the medical radiation technology and occupational therapy professions.
These professions will be captured under subclause (c) of this definition
which describes the National Scheme professions.
Subclause (7) amends the first occurring definition of `repealed health
practitioner registration Act' in the Schedule to refer to the definition under
existing Division 5 (Provisions for Health Legislation (Health Practitioner
Regulation National Law) Amendment Act 2010), section 405L
(Definitions for div 5) and to a new definition being inserted under new
section 405W to provide for transitional provisions for the Health
Legislation (Health Practitioner Regulation National Law) Amendment Act
2012.
Part 12 Amendment of Health
Practitioners (Special Events
Exemption) Act 1998
Act amended
Clause 30 specifies that Part 12 amends the Health Practitioners (Special
Events Exemption) Act 1998.
Amendment of schedule (Dictionary)
Clause 31 amends the definition of `health registration Act' in the
Schedule to remove the references to the Medical Radiation Technologists
Registration Act 2001 and the Occupational Therapists Registration Act
2001, which are both being repealed. The amended definition will capture
all health practitioners registered under the Health Practitioner Regulation
National Law or a specified state-based registration Act.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 13 Amendment of Health Quality
and Complaints Commission Act
2006
Act amended
Clause 32 specifies that Part 13 amends the Health Quality and
Complaints Commission Act 2006.
Amendment of sch 5 (Dictionary)
Clause 33 amends the definition of `state health law' in Schedule 5 to
remove the references to the Medical Radiation Technologists Registration
Act 2001 and the Occupational Therapists Registration Act 2001, which
are both being repealed under this Act. The amended definition will
capture only the remaining specified state-based registration Acts.
Part 14 Amendment of Mental Health Act
2000
Act amended
Clause 34 specifies that Part 14 amends the Mental Health Act 2000.
Insertion of new ch 16, pt 6
Clause 35 inserts a new Chapter 16, Part 6 into the Mental Health Act to
provide a validation provision for the Health Legislation (Health
Practitioner Regulation National Law) Amendment Act 2012. New section
618 provides clarity around the retrospective application of the amended
definition of psychiatrist in the following clause.
The reason for this clause is to retrospectively validate decisions made and
actions taken by a qualified `area of need' registrant practising in a
specialist position in psychiatry following an amendment of the definition
of psychiatrist that occurred in 2010. The amendment, made through the
Health Legislation (Health Practitioner Regulation National Law)
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Amendment Act 2010, unintentionally revoked the authority for these area
of need registrants to perform functions under the Mental Health Act.
Retrospectivity provides surety for practitioners who have been providing
competent and professional services during the period since
commencement of the 2010 amendment. It does not impact on the rights of
patients who may have grievances, to pursue investigation or action about
mistreatment or negligence. Retrospectivity will not penalise professionals
or patients in any way, it merely ensures there is no doubt over the
provision of professional services over the last two years.
Therefore, the effect of the validation clause is to provide that the amended
definition of `psychiatrist' is taken always to have applied as if the
amended definition had commenced on 1 July 2010 immediately after the
commencement of the Health Legislation (Health Practitioner Regulation
National Law) Amendment Act 2010.
Amendment of schedule (Dictionary)
Clause 36 amends the definition of `occupational therapist' in the Schedule
to remove the reference to the Occupational Therapists Registration Act
2001, which is being repealed. The amended definition includes persons
registered under the Health Practitioner Regulation National Law to
practise, other than as a student, in the occupational therapy profession.
Clause 36 also amends the definition of `psychiatrist' to capture both
specialist medical registrants (in psychiatry) and area of need medical
registrants (in a specialist psychiatry position), to enable both types of
registrants to perform the functions of an `authorised psychiatrist' under
the Mental Health Act.
The practical effect of this amendment is to restore the ability to recruit
suitably qualified psychiatrists to assess and examine involuntary patients
in regional and remote areas of the state, where area of need registrants are
necessary to meet workforce demands. The amendment restores the
arrangements that were in place prior to commencement of the National
Registration and Accreditation Scheme in 2010.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 15 Amendment of Nuclear Facilities
Prohibition Act 2007
Act amended
Clause 37 specifies that Part 15 amends the Nuclear Facilities Prohibition
Act 2007.
Amendment of s 5 (Relationship with other Acts or laws)
Clause 38 amends section 5 to remove a reference to the Medical
Radiation Technologists Registration Act 2001, which becomes redundant
as a result of the repeal of this Act.
Part 16 Amendment of Radiation Safety
Act 1999
Act amended
Clause 39 specifies that Part 16 amends the Radiation Safety Act 1999.
Amendment of s 209 (Confidentiality of information)
Clause 40 amends section 209 to specify that the provision applies to
registration boards established under both the Health Practitioner
Regulation National Law and the State-based health practitioner
registration Acts. This amendment is consequential to an amendment to
the definition of `health practitioner registration Act' in the following
clause, which removes the Health Practitioner Regulation National Law
from that definition.
Amendment of sch 2 (Dictionary)
Clause 41 amends the definition of `health practitioner' in Schedule 2 to
consolidate the definition to refer to all registered health practitioners under
the Health Practitioner Regulation National Law and the two remaining
State-based health practitioner registration Acts (following the repeal of the
Medical Radiation Technologists Registration Act 2001 and the
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Occupational Therapists Registration Act 2001), in addition to other
persons practising in health-related fields.
This clause also amends the definition of `health practitioner registration
Act' to remove the references to the Health Practitioner Regulation
National Law, as well as the Medical Radiation Technologists Registration
Act 2001 and the Occupational Therapists Registration Act 2001, which
are both being repealed. The amended definition will capture only health
practitioners registered under a specified state-based registration Act.
Part 17 Amendment of Speech
Pathologists Registration Act
2001
Act amended
Clause 42 specifies that Part 17 amends the Speech Pathologists
Registration Act 2001.
Amendment of sch 3 (Dictionary)
Clause 43 amends the definition of `health practitioner registration Act' in
Schedule 3 to remove the references to the Medical Radiation
Technologists Registration Act 2001 and the Occupational Therapists
Registration Act 2001, which are both being repealed. The amended
definition will capture all health practitioners registered under the Health
Practitioner Regulation National Law or a specified state-based registration
Act.
This clause also amends the definition of `Queensland health practitioner
registration Acts' to remove the references to the Medical Radiation
Technologists Registration Act 2001 and the Occupational Therapists
Registration Act 2001, which are both being repealed. The amended
definition will capture only the remaining specified state-based registration
Acts.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 18 Amendment of Transport
Operations (Road Use
Management) Act 1995
Act amended
Clause 44 specifies that Part 18 amends the Transport Operations (Road
Use Management) Act 1995.
Amendment of s 142 (Health professional's disclosure not
breach of confidence)
Clause 45 amends the definition of `health professional' in section 142 to
remove the reference to the Occupational Therapists Registration Act
2001, which is being repealed. The amended definition includes persons
registered under the Health Practitioner Regulation National Law to
practise, other than as a student, in the occupational therapy profession.
Part 19 Amendment of Victims of Crime
Assistance Act 2009
Act amended
Clause 46 specifies that Part 19 amends the Victims of Crime Assistance
Act 2009.
Amendment of sch 3 (Definitions)
Clause 47 amends the definition of `health practitioner' in Schedule 3 to
remove the reference to the Occupational Therapists Registration Act
2001, which is being repealed. The amended definition includes persons
registered under the Health Practitioner Regulation National Law to
practise, other than as a student, in the occupational therapy profession.
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Health Legislation (Health Practitioner Regulation National Law) Amendment Bill 2012
Part 20 Repeal of Acts
Repeals
Clause 48 repeals the Medical Radiation Technologists Registration Act
2001 and the Occupational Therapists Registration Act 2001. The repeal
of these Acts will abolish the state registration boards established under
those Acts, following transition of medical radiation practitioners and
occupational therapists to national registration on 1 July 2012.
© State of Queensland 2012
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