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HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 5

Definitions

5 Definitions

In this Law--

"ACC" means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth).

"accreditation authority" means--

(a) an external accreditation entity; or
(b) an accreditation committee.

"accreditation committee" means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.

"accreditation standard" , for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.

"accredited program of study" means a program of study accredited under section 48 by an accreditation authority.

"adjudication body" means--
(a) a panel; or
(b) a responsible tribunal; or
(c) a Court; or
(d) an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.
Note : See section 6A of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that Professional Standards Committees, Councils and Performance Review Panels are all adjudication bodies for the purposes of the Health Practitioner Regulation National Law.

"Advisory Council" means the Australian Health Workforce Advisory Council established by section 18.

"Agency Fund" means the Australian Health Practitioner Regulation Agency Fund established by section 208.

"Agency Management Committee" means the Australian Health Practitioner Regulation Agency Management Committee established by section 29.

"appropriate professional indemnity insurance arrangements" , in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.

"approved accreditation standard" means an accreditation standard--
(a) approved by a National Board under section 47(3); and
(b) published on the Board's website under section 47(6).

"approved area of practice" , for a health profession, means an area of practice approved under section 15 for the profession.

"approved program of study" , for a health profession or for endorsement of registration in a health profession, means an accredited program of study--
(a) approved under section 49(1) by the National Board established for the health profession; and
(b) included in the list published by the National Agency under section 49(5).

"approved qualification" --
(a) for a health profession, means a qualification obtained by completing an approved program of study for the profession; and
(b) for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.

"approved registration standard" means a registration standard--
(a) approved by the Ministerial Council under section 12; and
(b) published on the website of the National Board that developed the standard.

"Australian legal practitioner" means a person who--
(a) is admitted to the legal profession under the law of a State or Territory; and
(b) holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.

"COAG Agreement" means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.
Note : A copy of the COAG Agreement is available on the Council of Australian Governments' website.

"co-regulatory authority" , for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the purposes of this Law.
Note : See section 6B of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that each Council is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.

"co-regulatory jurisdiction" means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8.
Note : See section 6 of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 of the Health Practitioner Regulation National Law. As a consequence, New South Wales is a co-regulatory jurisdiction.

"corresponding prior Act" means a law of a participating jurisdiction that--
(a) was in force before the day on which the jurisdiction became a participating jurisdiction; and
(b) established an entity having functions that included--
(i) the registration of persons as health practitioners; or
(ii) health, conduct or performance action.

"criminal history" , of a person, means the following--
(a) every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;
(b) every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;
(c) every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.

"criminal history law" means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person's criminal history and prevents or does not require the disclosure of those convictions.

"division" , of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.

"education provider" means--
(a) a university; or
(b) a tertiary education institution, or another institution or organisation, that provides vocational training; or
(c) a specialist medical college or other health profession college.

"entity" includes a person and an unincorporated body.

"exercise" a function includes perform a duty.

"external accreditation entity" means an entity, other than a committee established by a National Board, that exercises an accreditation function.

"health assessment" means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.

"health complaints entity" means an entity--
(a) that is established by or under an Act of a participating jurisdiction; and
(b) whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.

"health, conduct or performance action" means action that--
(a) a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or
(b) a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.

"health panel"
Note : This definition is not applicable to New South Wales.

"health practitioner" means an individual who practises a health profession.

"health profession" means the following professions, and includes a recognised specialty in any of the following professions--
(a) Aboriginal and Torres Strait Islander health practice;
(b) Chinese medicine;
(c) chiropractic;
(d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
(e) medical;
(f) medical radiation practice;
(g) midwifery;
(ga) nursing;
(h) occupational therapy;
(i) optometry;
(j) osteopathy;
(ja) paramedicine;
(k) pharmacy;
(l) physiotherapy;
(m) podiatry;
(n) psychology.
Note : See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.

"health profession agreement" has the meaning given by section 26.

"health program" means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.

"health service" includes the following services, whether provided as public or private services--
(a) services provided by registered health practitioners;
(b) hospital services;
(c) mental health services;
(d) pharmaceutical services;
(e) ambulance services;
(f) community health services;
(g) health education services;
(h) welfare services necessary to implement any services referred to in paragraphs (a) to (g);
(i) services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;
(j) pathology services.

"health service provider" means a person who provides a health service.

"impairment" , in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect--
(a) for a registered health practitioner or an applicant for registration in a health profession, the person's capacity to practise the profession; or
(b) for a student, the student's capacity to undertake clinical training--
(i) as part of the approved program of study in which the student is enrolled; or
(ii) arranged by an education provider.

"local registration authority" means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.

"mandatory notification" means a notification an entity is required to make to the National Agency under Division 2 of Part 8.

"medical practitioner" means a person who is registered under this Law in the medical profession.

"Ministerial Council" means the COAG Health Council, or a successor of the Council by whatever name called, constituted by Ministers of the governments of the participating jurisdictions and the Commonwealth with portfolio responsibility for health.

"National Agency" means the Australian Health Practitioner Regulation Agency established by section 23.

"National Board" means a National Health Practitioner Board continued or established by regulations made under section 31.

"National Register" means the Register kept by a National Board under section 222.

"national registration and accreditation scheme" means the scheme--
(a) referred to in the COAG Agreement; and
(b) established by this Law.

"notification" means--
(a) a mandatory notification; or
(b) a voluntary notification.

"notifier" means a person who makes a notification.

"NSW provision" means--
(a) a provision that forms part of this Law because of a modification made by the Health Practitioner Regulation (Adoption of National Law) Act 2009 ; or
(b) a NSW regulation.
Note : This definition is an additional New South Wales provision.

"NSW regulation" means a regulation made under section 247A.
Note : This definition is an additional New South Wales provision.

"panel"
Note : This definition is not applicable to New South Wales.

"participating jurisdiction" means a State or Territory--
(a) that is a party to the COAG Agreement; and
(b) in which--
(i) this Law applies as a law of the State or Territory; or
(ii) a law that substantially corresponds to the provisions of this Law has been enacted.

"performance and professional standards panel"
Note : This definition is not applicable to New South Wales.

"performance assessment"
Note : This definition is not applicable to New South Wales.

"police commissioner" means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.

"principal place of practice" , for a registered health practitioner, means the address declared by the practitioner to be the address--
(a) at which the practitioner is predominantly practising the profession; or
(b) if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner's principal place of residence.

"professional misconduct"
Note : This definition is not applicable to New South Wales.

"program of study" means a program of study provided by an education provider.

"prohibition order"
Note : This definition is not applicable to New South Wales.

"psychologist" means a person registered under this Law in the psychology profession.

"public health facility" includes--
(a) a public hospital; and
(b) a public health, teaching or research facility.

"recognised specialty" means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2).

"registered health practitioner" means an individual who--
(a) is registered under this Law to practise a health profession, other than as a student; or
(b) holds non-practising registration under this Law in a health profession.

"registration authority" means--
(a) a local registration authority; or
(b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.

"registration standard" means a registration standard developed by a National Board under section 38.

"registration status" , in relation to an applicant for registration, includes--
(a) any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and
(b) any conditions previously imposed on the applicant's registration by a registration authority, whether before or after the commencement of this Law; and
(c) any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant's practice of the profession, whether before or after the commencement of this Law; and
(d) any investigation commenced by a registration authority or a health complaints entity into the applicant's conduct, performance or possible impairment but not finalised at the time of the application.

"relevant action"
Note : This definition is not applicable to New South Wales.

"relevant fee" , for a service provided by a National Board, means the fee--
(a) set under a health profession agreement between the Board and the National Agency for the service; and
(b) published on the Board's website under section 26(3).

"responsible Minister" means a Minister responsible for the administration of this Law in a participating jurisdiction.

"responsible tribunal" means a tribunal or court that--
(a) is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or
(b) is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.
Note : See section 6C of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that the Civil and Administrative Tribunal is the responsible Tribunal for the purposes of the Health Practitioner Regulation National Law.

"review period" , for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.

"scheduled medicine" means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.

"specialist health practitioner" means a person registered under this Law in a recognised specialty.

"Specialists Register" means a register kept by a National Board under section 223.

"specialist title" , in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty.

"State or Territory Board" has the meaning given by section 36.

"student" means a person whose name is entered in a student register as being currently registered under this Law.

"student register" , for a health profession, means a register kept under section 229 by the National Board established for the profession.

"unprofessional conduct"
Note : This definition is not applicable to New South Wales.

"unsatisfactory professional performance"
Note : This definition is not applicable to New South Wales.

"voluntary notification" means a complaint or other notification made under Part 8, other than a mandatory notification.



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