HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT)

Australian Capital Territory Current Acts

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HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Objectives
3A. Guiding principles
4. How functions to be exercised
5. Definitions
6. Interpretation generally
7. Single national entity
8. Extraterritorial operation of Law
9. Trans-Tasman mutual recognition principle
10. Law binds the State

PART 2--MINISTERIAL COUNCIL

11. Policy directions
12. Approval of registration standards
13. Approvals in relation to specialist registration
14. Approval of endorsement in relation to scheduled medicines
15. Approval of areas of practice for purposes of endorsement
16. How Ministerial Council exercises functions
17. Notification and publication of directions and approvals

PART 4--AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY

Division 1--National Agency

23. National Agency
24. General powers of National Agency
25. Functions of National Agency
26. Health profession agreements
27. Co-operation with participating jurisdictions and Commonwealth
28. Office of National Agency

Division 2--Agency Board

29. Agency Board
30. Functions of Agency Board

PART 5--NATIONAL BOARDS

Division 1--National Boards

31. Regulations must provide for National Boards
31A. Status of National Board
32. Powers of National Board
33. Membership of National Boards
34. Eligibility for appointment

Division 2--Functions of National Boards

35. Functions of National Boards
35A. National Board consideration of criminal history
36. State and Territory Boards
37. Delegation of functions

Division 3--Registration standards and codes and guidelines

38. National board must develop registration standards
39. Codes and guidelines
40. Consultation about registration standards, codes and guidelines
41. Use of registration standards, codes or guidelines in

PART 6--ACCREDITATION

Division 1--Preliminary

42. Definition

Division 2--Accreditation authorities

43. Accreditation authority to be decided
44. National Agency may enter into contracts with external
45. Accreditation processes to be published

Division 3--Accreditation functions

46. Development of accreditation standards
47. Approval of accreditation standards
48. Accreditation of programs of study
49. Approval of accredited programs of study
50. Accreditation authority to monitor approved programs of study
51. Changes to approval of program of study

PART 7--REGISTRATION OF HEALTH PRACTITIONERS

Division 1--General registration

52. Eligibility for general registration
53. Qualifications for general registration
54. Examination or assessment for general registration
55. Unsuitability to hold general registration
56. Period of general registration

Division 2--Specialist registration

57. Eligibility for specialist registration
58. Qualifications for specialist registration
59. Examination or assessment for specialist registration
60. Unsuitability to hold specialist registration
61. Period of specialist registration

Division 3--Provisional registration

62. Eligibility for provisional registration
63. Unsuitability to hold provisional registration
64. Period of provisional registration

Division 4--Limited registration

65. Eligibility for limited registration
66. Limited registration for postgraduate training or supervised
67. Limited registration for area of need
68. Limited registration in public interest
69. Limited registration for teaching or research
70. Unsuitability to hold limited registration
71. Limited registration not to be held for more than one purpose
72. Period of limited registration

Division 5--Non-practising registration

73. Eligibility for non-practising registration
74. Unsuitability to hold non-practising registration
75. Registered health practitioner who holds non-practising registration must not practise
76. Period of non-practising registration

Division 6--Application for registration

77. Application for registration
78. Power to check applicant's proof of identity
79. Power to check applicant's criminal history
80. Boards' other powers before deciding application for registration
81. Applicant may make submissions about proposed refusal of application or imposition of
82. Decision about application
83. Conditions of registration
83A. Undertakings at registration
84. Notice to be given to applicant
85. Failure to decide application

Division 6A--Withdrawal of registration

85A. Power to withdraw registration
85B. Registered health practitioner may make submissions about proposed withdrawal of
85C. Decision about withdrawal of registration
85D. Notice to be given to registered health practitioner
85E. When decision takes effect

Division 7--Student registration

Subdivision 1--Persons undertaking approved programs of study

86. Definitions
87. National Board must register persons undertaking approved
88. National Board may ask education provider for list of persons undertaking approved
89. Registration of students
90. Period of student registration

Subdivision 2--Other persons to be registered as students

91. Education provider to provide lists of persons

Subdivision 3--General provisions applicable to students

92. Notice to be given if student registration suspended or
93. Report to National Board of cessation of status as student

Division 8--Endorsement of registration

Subdivision 1--Endorsement in relation to scheduled medicines

94. Endorsement for scheduled medicines

Subdivision 2--Endorsement in relation to nurse practitioners

95. Endorsement as nurse practitioner

Subdivision 4--Endorsement in relation to acupuncture

97. Endorsement for acupuncture

Subdivision 5--Endorsements in relation to approved areas of practice

98. Endorsement for approved area of practice

Subdivision 6--Application for endorsement

99. Application for endorsement
100. Boards' other powers before deciding application for endorsement
101. Applicant may make submissions about proposed refusal of
102. Decision about application
103. Conditions of endorsement
103A. Undertakings at endorsement
104. Notice of decision to be given to applicant
105. Period of endorsement
106. Failure to decide application for endorsement

Division 9--Renewal of registration

107. Application for renewal of registration or endorsement
108. Registration taken to continue in force
109. Annual statement
110. National Board's powers before making decision
111. Applicant may make submissions about proposed refusal of application for renewal or
112. Decision about application for renewal

Division 10--Title and practice protections

Subdivision 1--Title protections

113. Restriction on use of protected titles
114. Use of title “acupuncturist”
115. Restriction on use of specialist titles
115A. Claims by persons as to membership of surgical class
116. Claims by persons as to registration as health practitioner
117. Claims by persons as to registration in particular profession or
118. Claims by persons as to specialist registration
119. Claims about type of registration or registration in recognised
120. Registered health practitioner registered on conditions

Subdivision 2--Practice
protections

121. Restricted dental acts
122. Restriction on prescription of optical appliances
123. Restriction on spinal manipulation

Division 11--Miscellaneous

Subdivision 1--Certificates of registration

124. Issue of certificate of registration

Subdivision 2--Review of conditions and undertakings

125. Changing or removing conditions or undertaking on application by registered
126. Changing conditions on Board's initiative
127. Removal of condition or revocation of undertaking
127A. When matters under this subdivision may be decided by review body of a co-regulatory

Subdivision 3--Obligations of registered health practitioners and
students

128. Continuing professional development
129. Professional indemnity insurance arrangements
130. Registered health practitioner or student to give National Board
131. Change in principal place of practice, address or name
132. National Board may ask registered health practitioner for practice

Subdivision 4--Advertising

133. Advertising

Subdivision 5--Board's powers to check identity and criminal
history

134. Evidence of identity
135. Criminal history check

Subdivision 6--General

136. Directing or inciting unprofessional conduct or professional
137. Surrender of registration

PART 8--HEALTH, PERFORMANCE AND CONDUCT

Division 1--Preliminary

138. Application of Part to persons who are registered health practitioners
139. Proceedings in relation to practitioner's behaviour while temporarily
139A. Application of Part to persons who were registered health practitioners
139B. Application of Part to persons who were registered under corresponding prior

Division 2--Mandatory notifications

140. Definition of notifiable conduct
141. Mandatory notifications by health practitioners other than treating
141A. Mandatory notifications by treating practitioners of sexual
141B. Mandatory notifications by treating practitioners of substantial risk of harm to
141C. When practitioner does not form reasonable belief in course of providing health
142. Mandatory notifications by employers
143. Mandatory notifications by education providers

Division 3--Voluntary notifications

144. Grounds for voluntary notification
145. Who may make voluntary notification

Division 4--Making a notification

146. How notification is made
147. National Agency to provide reasonable assistance to notifier

Division 5--Preliminary assessment

148. Referral of notification to National Board or co-regulatory
149. Preliminary assessment
149A. Power to require information
149B. Inspection of documents
150. Relationship with health complaints entity
150A. Referral to other entities
151. When National Board may decide to take no further action
152. National Board to give notice of receipt of notification

Division 6--Other matters

153. National Board may deal with notifications about same person
154. National Boards may deal with notifications collaboratively

Division 7--Immediate action

155. Definition
156. Power to take immediate action
157. Show cause process
158. Notice to be given to registered health practitioner or student about immediate
159. Period of immediate action
159A. Board may give information to notifier about immediate action

Division 7B--Public statements

159P. Definition
159Q. Making of public statement
159R. Show cause process for public statement
159S. Revision of public statement by regulatory body
159T. Revocation of public statement

Division 8--Investigations

Subdivision 1--Preliminary

160. When investigation may be conducted
161. Registered health practitioner or student to be given notice of
162. Investigation to be conducted in timely way

Subdivision 2--Investigators

163. Appointment of investigators
164. Identity card
165. Display of identity card

Subdivision 3--Procedure after investigation

166. Investigator's report about investigation
167. Joint decision by National Board and health complaints entity
167A. Board may give information to notifier about result of

Division 9--Health and performance assessments

168. Definition
169. Requirement for health assessment
170. Requirement for performance assessment
171. Appointment of assessor to carry out assessment
172. Notice to be given to registered health practitioner or student
173. Assessor may require information or attendance
174. Inspection of documents
175. Report from assessor
176. Copy of report to be given to health practitioner or student
177. Joint decision by National Board and health complaints entity
177A. Board may give information to notifier about decision following assessor's

Division 10--Action by National Board

178. National Board may take action
179. Show cause process
180. Notice to be given to health practitioner or student and notifier

Division 11--Panels

181. Establishment of health panel
182. Establishment of performance and professional standards panel
183. List of approved persons for appointment to panels
184. Notice to be given to registered health practitioner or student
185. Procedure of panel
186. Legal representation
186A. Role of health complaints entity
187. Submission by notifier
188. Panel may proceed in absence of registered health practitioner
189. Hearing not open to the public
190. Referral to responsible tribunal or National Board
191. Decision of panel
191A. Decision of panel after reconsideration of suspension
191B. Change of reconsideration date for suspension of registration
192. Notice to be given about panel's decision

Division 12--Referring matter to responsible tribunals

193. Matters to be referred to responsible tribunal
193A. National Boards may decide not to refer certain matters
194. Parties to the proceedings
195. Costs
196. Decision by responsible tribunal about registered health
196A. Offences relating to prohibition orders
197. Decision by responsible tribunal about student
198. Relationship with Act establishing responsible tribunal

Division 13--Appeals

199. Appellable decisions
200. Parties to the proceedings
201. Costs
202. Decision
203. Relationship with Act establishing responsible tribunal

Division 14--Miscellaneous

204. Notice from adjudication body
205. Implementation of decisions
206. National Board to give notice to registered health practitioner's employer and
207. Effect of suspension

PART 9--FINANCE

208. Australian Health Practitioner Regulation Agency Fund
209. Payments into Agency Fund
210. Payments out of Agency Fund
211. Investment of money in Agency Fund
212. Financial management duties of National Agency and National Boards

PART 10--INFORMATION AND PRIVACY

Division 1A--Australian Information Commissioner

212A. Application of Commonwealth AIC Act

Division 1--Privacy

213. Application of Commonwealth Privacy Act

Division 2--Disclosure of information and confidentiality

214. Definition
215. Application of Commonwealth FOI Act
216. Duty of confidentiality
217. Disclosure of information for workforce planning
218. Disclosure of information for information management and communication
219. Disclosure of information to other Commonwealth, State and
220. Disclosure to protect health or safety of patients or other persons
220A. Disclosure of information about registered health practitioners to protect health or safety
220B. Disclosure of information about unregistered persons to protect health or safety of
221. Disclosure to registration authorities

Division 3--Registers in relation to registered health practitioner

222. Public national registers
223. Specialists Registers
224. Way registers are to be kept
225. Information to be recorded in National Register
226. National Board may decide not to include or to remove certain information in
227. Register about former registered health practitioners
228. Inspection of registers

Division 4--Student registers

229. Student registers
230. Information to be recorded in student register

Division 5--Other records

231. Other records to be kept by National Boards
232. Record of adjudication decisions to be kept and made publicly

Division 6--Unique identifier

233. Unique identifier to be given to each registered health

PART 11--MISCELLANEOUS

Division 1--Provisions relating to persons exercising functions under Law

234. General duties of persons exercising functions under this Law
235. Application of Commonwealth Ombudsman Act
236. Protection from personal liability for persons exercising functions
237. Protection from liability for persons making notification or otherwise providing

Division 2--Inspectors

238. Functions and powers of inspectors
239. Appointment of inspectors
240. Identity card
241. Display of identity card

Division 3--Legal proceedings

241A. Proceedings for indictable offences
242. Proceedings for other offences
243. Conduct may constitute offence and be subject of disciplinary
244. Evidentiary certificates

Division 4--Regulations

245. National regulations
246. Parliamentary scrutiny of national regulations
247. Effect of disallowance of national regulation

Division 5--Miscellaneous

248. Combined notice may be given
249. Fees

PART 12--TRANSITIONAL PROVISIONS

Division 1--Preliminary

250. Definitions
251. References to registered health practitioners

Division 2--Ministerial Council

252. Directions given by Ministerial council
253. Accreditation functions exercised by existing accreditation entities
254. Health profession standards approved by Ministerial Council
255. Accreditation standards approved by National Board

Division 3--Advisory Council

256. Members of Advisory Council

Division 4--National Agency

257. Health profession agreements
258. Service agreement

Division 5--Agency Management Committee

259. Members of Agency Management Committee

Division 6--Staff, consultants and contractors of National Agency

260. Chief executive officer
261. Staff
262. Consultants and contractors

Division 7--Reports

263. Annual report

Division 8--National Boards

264. Members of National Boards
265. Committees
266. Delegation

Division 9--Agency Fund

267. Agency Fund

Division 10--Offences

268. Offences

Division 11--Registration

269. General registration
270. Specialist registration
271. Provisional registration
272. Limited registration
273. Limited registration (public interest-occasional practice)
274. Non-practising registration
275. Registration for existing registered students
276. Registration for new students
277. Other registrations
278. Endorsements
279. Conditions imposed on registration or endorsement
280. Expiry of registration and endorsement
281. Protected titles for certain specialist health practitioners
282. First renewal of registration or endorsement
283. Programs of study
284. Exemption from requirement for professional indemnity insurance arrangements for

Division 12--Applications for registration and endorsement

285. Applications for registration
286. Applications for endorsement
287. Disqualifications and conditions relevant to applications for registration

Division 13--Complaints, notifications and disciplinary proceedings

288. Complaints and notifications made but not being dealt with on participation
289. Complaints and notifications being dealt with on participation day
290. Effect of suspension
291. Undertakings and other agreements
292. Orders
293. List of approved persons

Division 14--Local registration authority

294. Definition
295. Assets and liabilities
296. Records relating to registration and accreditation
297. Financial and administrative records
298. Pharmacy businesses and premises
299. Members of local registration authority

Division 15--Staged commencement for certain health professions

300. Application of Law to relevant health profession between commencement and 1 July
301. Ministerial Council may appoint external accreditation entity
302. Application of Law to appointment of first National Board for
303. Qualifications for general registration in relevant profession
304. Relationship with other provisions of Law

PART 13--TRANSITIONAL AND OTHER PROVISIONS FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW AND OTHER LEGISLATION AMENDMENT BILL 2017

Division 1--Paramedicine Board and registration of paramedics

306. Definitions
307. Establishment of Paramedicine Board
308. Powers and functions of Paramedicine Board
309. Paramedicine Board taken to be a National Board for stated matters
310. CAA accredited programs of study
311. Qualifications for general registration in paramedicine for a limited
312. Accepted qualification for general registration in paramedicine
313. Provisions that apply to student registration for Diploma of Paramedical Science
314. Applications for registration in paramedicine and period of registration
315. Applications for registration in paramedicine made but not decided before participation
316. Period after participation day during which an individual does not commit an offence
317. Application of ss 113 and 116 to individual temporarily practising paramedicine in another

Division 2--Other transitional provisions

318. Deciding review period for decision on application made under section 125 before
319. Deciding review period for decision after notice given under section 126 before
320. Membership of continued National Boards
321. Offences relating to prohibition orders made before commencement
322. Register to include prohibition orders made before commencement
323. Public national registers

PART 14--TRANSITIONAL PROVISIONS FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2022

324. Renaming of Agency Management Committee
325. Saving of endorsement of midwife practitioner

PART 15--TRANSITIONAL PROVISION FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW (SURGEONS) AMENDMENT ACT 2023

326. Application of ss 196A, 222, 223 and 227 to particular prohibition
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
ENDNOTES

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