Schedule 2—Health Practitioner Regulation National Law
Part 1—Preliminary
1—Short title
This Law may be cited as the Health Practitioner Regulation National Law .
2—Commencement
This Law commences in a participating jurisdiction as provided by the Act of
that jurisdiction that applies this Law as a law of that jurisdiction.
3—Objectives
(1) The object of this
Law is to establish a national registration and accreditation scheme
for—
(a) the
regulation of health practitioners; and
(b) the
registration of students undertaking—
(i)
programs of study that provide a qualification for
registration in a health profession; or
(ii)
clinical training in a health profession.
(2) The objectives of
the national registration and accreditation scheme are—
(a) to
provide for the protection of the public by ensuring that only
health practitioners who are suitably trained and qualified to practise in a
competent and ethical manner are registered; and
(b) to
facilitate workforce mobility across Australia by reducing the administrative
burden for health practitioners wishing to move between participating
jurisdictions or to practise in more than one participating jurisdiction; and
(c) to
facilitate the provision of high quality education and training of
health practitioners; and
(ca) to
build the capacity of the Australian health workforce to provide culturally
safe health services to Aboriginal and Torres Strait Islander persons; and
(d) to
facilitate the rigorous and responsive assessment of overseas-trained
health practitioners; and
(e) to
facilitate access to services provided by health practitioners in accordance
with the public interest; and
(f) to
enable the continuous development of a flexible, responsive and sustainable
Australian health workforce and to enable innovation in the education of, and
service delivery by, health practitioners.
3A—Guiding principles
(1) The main guiding
principle of the national registration and accreditation scheme is that the
following are paramount—
(a)
protection of the public;
(b)
public confidence in the safety of services provided by registered
health practitioners and students.
(2) The other guiding
principles of the national registration and accreditation scheme are as
follows—
(a) the
scheme is to operate in a transparent, accountable, efficient, effective and
fair way;
(b) the
scheme is to ensure the development of a culturally safe and respectful health
workforce that—
(i)
is responsive to Aboriginal and Torres Strait Islander
persons and their health; and
(ii)
contributes to the elimination of racism in the provision
of health services;
Example—
Codes and guidelines developed and approved by National Boards
undersection 39 may provide guidance to health practitioners about the
provision of culturally safe and respectful health care.
(c) fees
required to be paid under the scheme are to be reasonable having regard to the
efficient and effective operation of the scheme;
(d)
restrictions on the practice of a health profession are to be imposed under
the scheme only if it is necessary to ensure health services are provided
safely and are of an appropriate quality.
4—How functions to be exercised
An entity that has functions under this Law is to exercise its functions
having regard to the objectives and guiding principles of the national
registration and accreditation scheme set out in sections 3 and 3A.
5—Definitions
In this Law—
ACC means the Australian Crime Commission established under section 7 of
the Australian Crime Commission Act 2002 of the Commonwealth.
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.
Agency Board means the Australian Health Practitioner Regulation Agency Board
established by section 29.
Agency Fund means the Australian Health Practitioner Regulation Agency Fund
established by section 208.
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 National Agency's 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.
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 Division 3 to
Division 12 of Part 8.
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 means a panel established under section 181.
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.
panel means—
(a) a
health panel; or
(b) a
performance and professional standards panel.
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 means a panel established under
section 182.
performance assessment means an assessment of the knowledge, skill or judgment
possessed, or care exercised by, a registered health practitioner in the
practice of the health profession in which the practitioner is registered.
police commissioner means the commissioner of the police force or police
service of a participating jurisdiction or the Commonwealth.
practice arrangement , between a registered health practitioner or
unregistered person, and an entity—
(a)
includes—
(i)
a contract of employment, contract for services or
another arrangement or agreement between the practitioner or person and the
entity in relation to the provision of services; or
(ii)
an agreement for the practitioner or person to provide
services for or on behalf of the entity, whether in an honorary capacity, as a
volunteer or otherwise, and whether or not the practitioner or person receives
payment for the services; but
(b) does
not include a contract or agreement not directly related to the provision of a
health service.
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 , of a registered health practitioner, includes—
(a)
unprofessional conduct by the practitioner that amounts to conduct that is
substantially below the standard reasonably expected of a registered
health practitioner of an equivalent level of training or experience; and
(b) more
than one instance of unprofessional conduct that, when considered together,
amounts to conduct that is substantially below the standard reasonably
expected of a registered health practitioner of an equivalent level of
training or experience; and
(c)
conduct of the practitioner, whether occurring in connection with the practice
of the health practitioner's profession or not, that is inconsistent with the
practitioner being a fit and proper person to hold registration in the
profession.
program of study means a program of study provided by an education provider.
prohibition order means—
(a) a
decision by a responsible tribunal of this jurisdiction under
section 196(4)(b) or (c); or
(b) a
decision by a responsible tribunal of another participating jurisdiction under
section 196(4)(b) or (c) as it applies in the other jurisdiction; or
(c) a
prohibition order under section 149C(5) of the Health Practitioner
Regulation National Law (NSW); or
(d) a
decision under section 107(4)(b) of the Health Ombudsman Act 2013
of Queensland.
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.
regulatory body , in relation to a person, means any of the following—
(a) the
National Agency;
(b) for
a person who is or was a registered health practitioner—a National Board
for a health profession in which the person is or was registered.
relevant action , for Division 10 of Part 8, see section 178.
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).
relevant provision —
(a) for
Division 7A of Part 8, see section 159B; or
(b) for
Division 7B of Part 8, see section 159P.
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.
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 , of a registered health practitioner, means
professional conduct that is of a lesser standard than that which might
reasonably be expected of the health practitioner by the public or the
practitioner's professional peers, and includes—
(a) a
contravention by the practitioner of this Law, whether or not the practitioner
has been prosecuted for, or convicted of, an offence in relation to the
contravention; and
(b) a
contravention by the practitioner of—
(i)
a condition to which the practitioner's registration was
subject; or
(ii)
an undertaking given by the practitioner to the National
Board that registers the practitioner; and
(c) the
conviction of the practitioner for an offence under another Act, the nature of
which may affect the practitioner's suitability to continue to practise the
profession; and
(d)
providing a person with health services of a kind that are excessive,
unnecessary or otherwise not reasonably required for the person's well-being;
and
(e)
influencing, or attempting to influence, the conduct of another registered
health practitioner in a way that may compromise patient care; and
(f)
accepting a benefit as inducement, consideration or reward for referring
another person to a health service provider or recommending another person use
or consult with a health service provider; and
(g)
offering or giving a person a benefit, consideration or reward in return for
the person referring another person to the practitioner or recommending to
another person that the person use a health service provided by the
practitioner; and
(h)
referring a person to, or recommending that a person use or consult, another
health service provider, health service or health product if the practitioner
has a pecuniary interest in giving that referral or recommendation, unless the
practitioner discloses the nature of that interest to the person before or at
the time of giving the referral or recommendation.
unregistered person means a person who is not registered, or whose
registration is suspended, under this Law.
unsatisfactory professional performance , of a registered health practitioner,
means the knowledge, skill or judgment possessed, or care exercised by, the
practitioner in the practice of the health profession in which the
practitioner is registered is below the standard reasonably expected of a
health practitioner of an equivalent level of training or experience.
voluntary notification means a notification made under Division 3 of
Part 8.
6—Interpretation generally
Schedule 7 applies in relation to this Law.
7—Single national entity
(1) It is the
intention of the Parliament of this jurisdiction that this Law as applied by
an Act of this jurisdiction, together with this Law as applied by Acts of the
other participating jurisdictions, has the effect that an entity established
by or under this Law is one single national entity, with functions conferred
by this Law as so applied.
(2) An entity
established by or under this Law has power to do acts in or in relation to
this jurisdiction in the exercise of a function expressed to be conferred on
it by this Law as applied by Acts of each participating jurisdiction.
(3) An entity
established by or under this Law may exercise its functions in relation
to—
(a) one
participating jurisdiction; or
(b) 2 or
more or all participating jurisdictions collectively.
(4) In this section, a
reference to this Law as applied by an Act of a jurisdiction includes a
reference to a law that substantially corresponds to this Law enacted in a
jurisdiction.
8—Extraterritorial operation of Law
It is the intention of the Parliament of this jurisdiction that the operation
of this Law is to, as far as possible, include operation in relation to the
following—
(a)
things situated in or outside the territorial limits of this jurisdiction;
(b)
acts, transactions and matters done, entered into or occurring in or outside
the territorial limits of this jurisdiction;
(c)
things, acts, transactions and matters (wherever situated, done, entered into
or occurring) that would, apart from this Law, be governed or otherwise
affected by the law of another jurisdiction.
9—Trans-Tasman mutual recognition principle
This Law does not affect the operation of an Act of a participating
jurisdiction providing for the application of the Trans-Tasman mutual
recognition principle to occupations.
10—Law binds the State
(1) This Law binds the
State.
(2) In this
section—
State means the Crown in right of this jurisdiction, and includes—
(a) the
Government of this jurisdiction; and
(b) a
Minister of the Crown in right of this jurisdiction; and
(c) a
statutory corporation, or other entity, representing the Crown in right of
this jurisdiction.
Part 2—Ministerial Council
11—Policy directions
(1) The Ministerial
Council may give directions to the National Agency about the policies to be
applied by the National Agency in exercising its functions under this Law.
(2) The Ministerial
Council may give directions to a National Board about the policies to be
applied by the National Board in exercising its functions under this Law.
(3) Without limiting
subsections (1) and (2), a direction under this section may relate
to—
(a) a
matter relevant to the policies of the National Agency or a National Board; or
(b) an
administrative process of the National Agency or a National Board; or
(c) a
procedure of the National Agency or a National Board; or
(d) a
particular proposed accreditation standard, or a particular proposed amendment
of an accreditation standard, for a health profession.
(4) However, the
Ministerial Council may give a National Board a direction under
subsection (3)(d) only if—
(a) in
the Council's opinion, the proposed accreditation standard or amendment will
have a substantive and negative impact on the recruitment or supply of
health practitioners; and
(b) the
Council has first given consideration to the potential impact of the Council's
direction on the quality and safety of health care.
(5) A direction under
this section cannot be about—
(a) a
particular person; or
(b) a
particular qualification; or
(c) a
particular application, notification or proceeding.
(6) The National
Agency or a National Board must comply with a direction given to it by the
Ministerial Council under this section.
12—Approval of registration standards
(1) The Ministerial
Council may approve a registration standard about—
(a) the
registration, or renewal of registration, of persons in a health profession;
or
(b) the
endorsement, or renewal of the endorsement, of the registration of registered
health practitioners.
(2) The Ministerial
Council may approve a registration standard for a health profession only
if—
(a) its
approval is recommended by the National Board established for the health
profession; and
(b) it
does not provide for a matter about which an accreditation standard may
provide.
Note—
An accreditation standard for a health profession is a standard used to assess
whether a program of study, and the education provider that provides the
program, provide persons who complete the program with the knowledge, skills
and professional attributes to practise the profession in Australia.
Accreditation standards are developed and approved under Division 3 of
Part 6.
(3) The Ministerial
Council may, at any time, ask a National Board to review an approved or
proposed registration standard for the health profession for which the
National Board is established.
13—Approvals in relation to specialist registration
(1) The following
health professions, or divisions of health professions, are health professions
for which specialist recognition operates under this Law—
(a) the
medical profession;
(b) the
dentists division of the dental profession;
(c) any
other health profession approved by the Ministerial Council, on the
recommendation of the National Board established for the profession.
(2) If a health
profession is a profession for which specialist recognition operates, the
Ministerial Council may, on the recommendation of the National Board
established for the profession—
(a)
approve a list of specialties for the profession; and
(b)
approve one or more specialist titles for each specialty in the list.
(3) In making a
recommendation to the Ministerial Council for the purposes of
subsection (1)(c) or (2), a National Board established for a health
profession may have regard to any relevant advice provided by—
(a) an
accreditation authority for the profession; or
(b) a
specialist college for the profession.
(4) The Ministerial
Council may provide guidance to a National Board established for a health
profession for which specialist recognition will operate in relation to the
criteria for the approval of specialties for the profession by the Council.
14—Approval of endorsement in relation to scheduled medicines
(1) The Ministerial
Council may, on the recommendation of a National Board, decide that the Board
may endorse the registration of health practitioners practising a profession
for which the Board is established as being qualified to administer, obtain,
possess, prescribe, sell, supply or use a scheduled medicine or class of
scheduled medicines.
Note—
See section 94 which provides for the endorsement of health
practitioners' registration in relation to scheduled medicines.
(2) An approval under
subsection (1) is to specify—
(a) the
class of health practitioners registered by the Board to which the approval
relates; and
(b)
whether the National Board may endorse the registration of the class of
health practitioners as being qualified in relation to a particular scheduled
medicine or a class of scheduled medicines; and
(c)
whether the National Board may endorse the registration of the class of
health practitioners in relation to administering, obtaining, possessing,
prescribing, selling, supplying or using the scheduled medicine or class of
scheduled medicines.
15—Approval of areas of practice for purposes of endorsement
The Ministerial Council may, on the recommendation of a National Board,
approve an area of practice in a health profession for which the Board is
established as being an area of practice for which the registration of a
health practitioner registered in the profession may be endorsed.
Note—
See section 98 which provides for the endorsement of health
practitioners' registration in relation to approved areas of practice.
16—How Ministerial Council exercises functions
(1) The Ministerial
Council is to give a direction or approval, or make a recommendation, request
or appointment, for the purposes of a provision of this Law by resolution of
the Council passed in accordance with procedures determined by the Council.
(2) An act or thing
done by the Ministerial Council (whether by resolution, instrument or
otherwise) does not cease to have effect merely because of a change in the
Council's membership.
17—Notification and publication of directions and approvals
(1) A copy of any
direction given by the Ministerial Council to the National Agency—
(a) is
to be given to the Chairperson of the Agency Board; and
(b) must
be published by the National Agency on its website as soon as practicable
after being received by the Chairperson.
(2) A copy of a
direction or approval given by the Ministerial Council to a National
Board—
(a) is
to be given to the Chairperson of the National Board; and
(b) if
the direction is given under section 11(3)(d), is to include reasons for
the direction; and
(c) must
be published by the National Board on its website as soon as practicable after
being received by the Chairperson.
(3) A copy of a
direction or approval given by the Ministerial Council to the National Agency
or to a National Board is to be published in the annual report of the National
Agency.
Part 4—Australian Health Practitioner Regulation Agency
Division 1—National Agency
23—National Agency
(1) The Australian
Health Practitioner Regulation Agency is established.
(2) The National
Agency—
(a) is a
body corporate with perpetual succession; and
(b) has
a common seal; and
(c) may
sue and be sued in its corporate name.
(3) The National
Agency represents the State.
(4) Schedule 3
sets out provisions relating to the National Agency.
24—General powers of National Agency
The National Agency has all the powers of an individual and, in particular,
may—
(a)
enter into contracts; and
(b)
acquire, hold, dispose of, and deal with, real and personal property; and
(c) do
anything necessary or convenient to be done in the exercise of its functions.
25—Functions of National Agency
The functions of the National Agency are as follows—
(a) to
provide administrative assistance and support to the National Boards, and the
Boards' committees, in exercising their functions;
(b) in
consultation with the National Boards, to develop and administer procedures
for the purpose of ensuring the efficient and effective operation of the
National Boards;
(c) to
establish procedures for the development of accreditation standards,
registration standards and codes and guidelines approved by National Boards,
for the purpose of ensuring the national registration and accreditation scheme
operates in accordance with good regulatory practice;
(d) to
negotiate in good faith with, and attempt to come to an agreement with, each
National Board on the terms of a health profession agreement;
(e) to
establish and administer an efficient procedure for receiving and dealing with
applications for registration as a health practitioner and other matters
relating to the registration of registered health practitioners;
(f) in
conjunction with the National Boards, to keep up-to-date and publicly
accessible national registers of registered health practitioners for each
health profession;
(g) in
conjunction with the National Boards, to keep up-to-date national registers of
students for each health profession;
(h) to
keep an up-to-date and publicly accessible list of approved programs of study
for each health profession;
(i)
to establish an efficient procedure for receiving and
dealing with notifications against persons who are or were registered
health practitioners and persons who are students, including by establishing a
national process for receiving notifications about registered
health practitioners in all professions;
(j) to
give advice to the Ministerial Council on issues relating to the national
registration and accreditation scheme;
(k) if
asked by the Ministerial Council, to give to the Ministerial Council the
assistance or information reasonably required by the Ministerial Council in
connection with the administration of the national registration and
accreditation scheme;
(ka) to
do anything else necessary or convenient for the effective and efficient
operation of the national registration and accreditation scheme;
(l) any
other function given to the National Agency by or under this Law.
26—Health profession agreements
(1) The National
Agency must enter into an agreement (a health profession agreement ) with a
National Board that makes provision for the following—
(a) the
fees that will be payable under this Law by health practitioners and others in
respect of a health profession for which the Board is established (including
arrangements relating to refunds of fees, waivers of fees and additional fees
for late payment);
(b) the
annual budget of the National Board (including the funding arrangements for
its committees and accreditation authorities);
(c) the
services to be provided to the National Board by the National Agency to enable
the National Board to carry out its functions under this Law.
(2) If the National
Agency and a National Board are unable to agree on a matter relating to a
health profession agreement or a proposed health profession agreement, the
Ministerial Council may give directions to the National Agency and National
Board about how the dispute is to be resolved.
(3) Each National
Board must publish on its website the fees for which provision has been made
in a health profession agreement between the Board and the National Agency.
27—Co-operation with participating jurisdictions and Commonwealth
(1) The National
Agency may exercise any of its functions in co-operation with or with the
assistance of a participating jurisdiction or the Commonwealth, including in
co-operation with or with the assistance of any of the following—
(a) a
government agency of a participating jurisdiction or of the Commonwealth;
(b) a
local registration authority;
(c) a
co-regulatory authority;
(d) a
health complaints entity;
(e) an
educational body or other body established by or under a law of a
participating jurisdiction or the Commonwealth.
(2) In particular, the
National Agency may—
(a) ask
an entity referred to in subsection (1) for information that the Agency
requires to exercise its functions under this Law; and
(b) use
the information to exercise its functions under this Law.
(3) An entity referred
to in subsection (1) that receives a request for information from the
National Agency is authorised to give the information to the National Agency.
28—Office of National Agency
(1) The National
Agency is to establish a national office.
(2) The National
Agency is also to establish at least one local office in each participating
jurisdiction.
Division 2—Agency Board
29—Agency Board
(1) The Australian
Health Practitioner Regulation Agency Board is established.
(2) The Agency Board
is to consist of at least 5 members appointed by the Ministerial Council.
(3) Of the
members—
(a) one
is to be a person appointed by the Ministerial Council as Chairperson, being a
person who—
(i)
is not a registered health practitioner; and
(ii)
has not been registered as a health practitioner under
this Law or a corresponding prior Act within the last 5 years; and
(b) at
least 2 others are to be persons who have expertise in health, or education
and training, or both; and
(c) at
least 2 others are to be persons who are not current or former registered
health practitioners and who have business or administrative expertise.
(4) Schedule 2
sets out provisions relating to the Agency Board.
30—Functions of Agency Board
(1) The functions of
the Agency Board are as follows—
(a)
subject to any directions of the Ministerial Council, to decide the policies
of the National Agency;
(b) to
ensure that the National Agency performs its functions in a proper, effective
and efficient way;
(c) any
other function given to the Board by or under this Law.
(2) The affairs of the
National Agency are to be controlled by the Agency Board and all acts and
things done in the name of, or on behalf of, the National Agency by or with
the authority of the Agency Board are taken to have been done by the National
Agency.
Part 5—National Boards
Division 1—National Boards
31—Regulations must provide for National Boards
(1) The regulations
must provide for a National Health Practitioner Board for each health
profession.
(a)
continue an existing Board for a health profession; or
(b)
establish a Board for a health profession or for 2 or more health professions;
or
(c)
dissolve a Board for a health profession (the dissolved Board ) if another
Board is established for that health profession (the replacement Board ).
(3) The regulations
may provide for anything for which it is necessary or convenient to make
provision to allow, facilitate or provide for the following—
(a) the
continuation, establishment or dissolution of a Board under
subsection (2);
(b) the
completion of a matter started by the existing Board before the commencement;
(c) the
effect of anything done by an existing Board before the commencement;
(d) the
transfer of matters from a dissolved Board to a replacement Board.
(4) Before a
regulation is made under subsection (2)(b) or (c), the Ministers
comprising the Ministerial Council must undertake public consultation on the
proposed regulation.
(5) However, failure
to comply with subsection (4) does not affect the validity of the
regulation.
(6) In this
section—
existing Board means a National Health Practitioner Board in existence
immediately before the commencement.
31A—Status of National Board
(1) A National
Board—
(a) is a
body corporate with perpetual succession; and
(b) has
a common seal; and
(c) may
sue and be sued in its corporate name.
(2) A National Board
represents the State.
32—Powers of National Board
(1) Subject to
subsection (2), a National Board has the powers necessary to enable it to
exercise its functions.
(2) A National Board
does not have power to—
(a)
enter into contracts; or
(b)
employ staff; or
(c)
acquire, hold, dispose of, and deal with, real property.
(3) The National Board
may exercise any of its functions in co-operation with or with the assistance
of a participating jurisdiction or the Commonwealth, including in co-operation
with or with the assistance of any of the following—
(a) a
government agency of a participating jurisdiction or of the Commonwealth;
(b) a
local registration authority;
(c) a
co-regulatory authority;
(d) a
health complaints entity;
(e) an
educational body or other body established by or under a law of a
participating jurisdiction or the Commonwealth.
(4) In particular, the
National Board may—
(a) ask
an entity referred to in subsection (3) for information that the Board
requires to exercise its functions under this Law; and
(b) use
the information to exercise its functions under this Law.
(5) An entity referred
to in subsection (3) that receives a request for information from the
National Board is authorised to give the information to the National Board.
33—Membership of National Boards
(1) A National Board
is to consist of members appointed in writing by the Ministerial Council.
(2) Members of a
National Board are to be appointed as practitioner members or community
members.
(3) Subject to this
section, the Ministerial Council may decide the size and composition of a
National Board.
(4) At least half, but
not more than two-thirds, of the members of a National Board must be persons
appointed as practitioner members.
(5) The practitioner
members of a National Board must consist of—
(a) at
least one member from each large participating jurisdiction; and
(b) at
least one member from a small participating jurisdiction; and
(c) if
the National Board is established for 2 or more health professions—at
least one member of each health profession for which the Board is established.
(6) At least 2 of the
members of a National Board must be persons appointed as community members.
(7) At least one of
the members of a National Board must live in a regional or rural area.
(8) A person cannot be
appointed as a member of a National Board if the person is a member of the
Agency Board.
(9) One of the
practitioner members of the National Board is to be appointed as Chairperson
of the Board by the Ministerial Council.
(9A) The regulations
may prescribe matters relating to the composition of practitioner members for
a National Board established for 2 or more health professions.
(10) Schedule 4
sets out provisions relating to a National Board.
(11) In this
section—
large participating jurisdiction means any of the following States that is a
participating jurisdiction—
(a) New
South Wales;
(b)
Queensland;
(c)
South Australia;
(d)
Victoria;
(e)
Western Australia.
small participating jurisdiction means any of the following States or
Territories that is a participating jurisdiction—
(a) the
Australian Capital Territory;
(b) the
Northern Territory;
(c)
Tasmania.
34—Eligibility for appointment
(1) In deciding
whether to appoint a person as a member of a National Board, the Ministerial
Council is to have regard to the skills and experience of the person that are
relevant to the Board's functions.
(2) A person is
eligible to be appointed as a practitioner member only if the person is a
registered health practitioner in a health profession for which the Board is
established.
(3) A person is
eligible to be appointed as a community member only if the person is not, and
has not at any time been, a health practitioner in a health profession for
which the Board is established.
(4) A person is not
eligible to be appointed as a member of a National Board if—
(a) in
the case of appointment as a practitioner member—the person has, whether
before or after the commencement of this Law, as a result of the person's
misconduct, impairment or incompetence, ceased to be registered as a
health practitioner in a health profession for which the Board is established;
or
(b) in
any case, the person has, at any time, been found guilty of an offence
(whether in a participating jurisdiction or elsewhere) that, in the opinion of
the Ministerial Council, renders the person unfit to hold the office of
member.
Division 2—Functions of National Boards
35—Functions of National Boards
(1) The functions of a
National Board established for a health profession are as follows—
(a) to
register suitably qualified and competent persons in the health profession
and, if necessary, to impose conditions on the registration of persons in the
profession;
(b) to
decide the requirements for registration or endorsement of registration in the
health profession, including the arrangements for supervised practice in the
profession;
(c) to
develop or approve standards, codes and guidelines for the health profession,
including—
(i)
the approval of accreditation standards developed and
submitted to it by an accreditation authority; and
(ii)
the development of registration standards for approval by
the Ministerial Council; and
(iii)
the development and approval of codes and guidelines that
provide guidance to health practitioners registered in the profession;
(d) to
approve accredited programs of study as providing qualifications for
registration or endorsement in the health profession;
(e) to
oversee the assessment of the knowledge and clinical skills of overseas
trained applicants for registration in the health profession whose
qualifications are not approved qualifications for the profession, and to
determine the suitability of the applicants for registration in Australia;
(f) to
negotiate in good faith with, and attempt to come to an agreement with, the
National Agency on the terms of a health profession agreement;
(g) to
oversee the receipt, assessment and investigation of notifications about
persons who—
(i)
are or were registered as health practitioners in the
health profession under this Law or a corresponding prior Act; or
(ii)
are students in the health profession;
(h) to
establish panels to conduct hearings about—
(i)
health and performance and professional standards matters
in relation to persons who are or were registered in the health profession
under this Law or a corresponding prior Act; and
(ii)
health matters in relation to students registered by the
Board;
(i)
to refer matters about health practitioners who are or
were registered under this Law or a corresponding prior Act to responsible
tribunals for participating jurisdictions;
(j) to
oversee the management of health practitioners and students registered in the
health profession, including monitoring conditions, undertakings and
suspensions imposed on the registration of the practitioners or students;
(k) to
make recommendations to the Ministerial Council about the operation of
specialist recognition in the health profession and the approval of
specialties for the profession;
(l) in
conjunction with the National Agency, to keep up-to-date and publicly
accessible national registers of registered health practitioners for the
health profession;
(m) in
conjunction with the National Agency, to keep an up-to-date national register
of students for the health profession;
(n) at
the Board's discretion, to provide financial or other support for health
programs for registered health practitioners and students;
(o) to
give advice to the Ministerial Council on issues relating to the national
registration and accreditation scheme for the health profession;
(p) if
asked by the Ministerial Council, to give to the Ministerial Council the
assistance or information reasonably required by the Ministerial Council in
connection with the national registration and accreditation scheme;
(q) to
do anything else necessary or convenient for the effective and efficient
operation of the national registration and accreditation scheme;
(r) any
other function given to the Board by or under this Law.
(2) For the purposes
of subsection (1)(g)—(j), the Board's functions do not include
receiving notifications and taking action referred to in those paragraphs in
relation to behaviour by a registered health practitioner or student that
occurred, or is reasonably believed to have occurred, in a co-regulatory
jurisdiction.
36—State and Territory Boards
(1) A National Board
may establish a committee (a State or Territory Board ) for a participating
jurisdiction to enable the Board to exercise its functions in the jurisdiction
in a way that provides an effective and timely local response to
health practitioners and other persons in the jurisdiction.
(2) A State or
Territory Board is to be known as the "[Name of participating jurisdiction for
which it is established] Board" of the National Board.
(3) The members of a
State or Territory Board are to be appointed by the responsible Minister for
the participating jurisdiction.
Example—
(a) The
Pharmacy Board of Australia decides to establish a State or Territory Board
for New South Wales. The State or Territory Board will be known as the New
South Wales Board of the Pharmacy Board of Australia. The members of the State
or Territory Board will be appointed by the responsible Minister for New South
Wales.
(b) The
Podiatry Board of Australia decides to establish a State or Territory Board
for Queensland and the Northern Territory. The State or Territory Board will
be known as the Queensland and Northern Territory Board of the Podiatry Board
of Australia. The members of the State or Territory Board will be appointed
jointly by the responsible Ministers for Queensland and the Northern
Territory.
(4) In deciding
whether to appoint a person as a member of a State or Territory Board, the
responsible Minister is to have regard to the skills and experience of the
person that are relevant to the Board's functions.
(5) At least half, but
not more than two-thirds, of the members of a State or Territory Board must be
persons appointed as practitioner members.
(6) At least 2 of the
members of a State or Territory Board must be persons appointed as community
members.
Note—
See section 299 which provides that subsections (5) and (6) do not
apply to a State or Territory Board for a jurisdiction for the first 12 months
after the jurisdiction becomes a participating jurisdiction.
(7) Before a
responsible Minister appoints a member of a State or Territory Board the
vacancy to be filled is to be publicly advertised.
(8) The National
Agency may assist a responsible Minister in the process of appointing members
of a State or Territory Board, including in the advertising of vacancies.
(9) It is not
necessary to advertise a vacancy in the membership of a State or Territory
Board before appointing a person to act in the office of a member.
Note—
The general interpretation provisions applicable to this Law under
section 6 confer power to appoint acting members of a State or Territory
Board.
(10) This section does
not limit clause 11 of Schedule 4.
Note—
Clause 11 of Schedule 4 confers power for the establishment of other
committees.
37—Delegation of functions
(1) A National Board
may delegate any of its functions, other than this power of delegation,
to—
(a) a
committee; or
(b) the
National Agency; or
(c) a
member of the staff of the National Agency; or
(d) a
person engaged as a contractor by the National Agency.
(2) The National
Agency may subdelegate any function delegated to the National Agency by a
National Board to a member of the staff of the National Agency.
Division 3—Registration standards and codes and guidelines
38—National Board must develop registration standards
(1) A National Board
must develop and recommend to the Ministerial Council one or more registration
standards about the following matters for a health profession for which the
Board is established—
(a)
requirements for professional indemnity insurance arrangements for registered
health practitioners registered in the profession;
(b)
matters about the criminal history of applicants for registration in the
profession, and registered health practitioners and students registered in a
health profession for which the Board is established, including, the matters
to be considered in deciding whether an individual's criminal history is
relevant to the practice of the profession;
(c)
requirements for continuing professional development for registered
health practitioners registered in the profession;
(d)
requirements about the English language skills necessary for an applicant for
registration in the profession to be suitable for registration in the
profession;
(e)
requirements in relation to the nature, extent, period and recency of any
previous practice of the profession by applicants for registration in the
profession.
(2) Subject to
subsection (3), a National Board may also develop, and recommend to the
Ministerial Council, one or more registration standards about the
following—
(a) the
physical and mental health of—
(i)
applicants for registration in the profession; and
(ii)
registered health practitioners and students;
(b) the
scope of practice of health practitioners registered in the profession;
(c) any
other issue relevant to the eligibility of individuals for registration in the
profession or the suitability of individuals to competently and safely
practise the profession.
(3) A registration
standard may not be about a matter for which an accreditation standard may
provide.
Note—
An accreditation standard for a health profession is 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 to practise the profession. Accreditation standards
are developed and approved under Division 3 of Part 6.
39—Codes and guidelines
A National Board may develop and approve codes and guidelines—
(a) to
provide guidance to the health practitioners it registers; and
(b)
about other matters relevant to the exercise of its functions.
Examples—
1 A National Board may
develop guidelines about the advertising of regulated health services by
health practitioners registered by the Board or other persons for the purposes
of section 133.
2 To assist a
health practitioner in providing practice information under section 132,
a National Board may develop guidelines about the information that must be
provided to the Board.
40—Consultation about registration standards, codes and guidelines
(1) If a National
Board develops a registration standard or a code or guideline, it must ensure
there is wide-ranging consultation about its content.
(2) A contravention of
subsection (1) does not invalidate a registration standard, code or
guideline.
(3) The following must
be published on a National Board's website—
(a) a
registration standard developed by the Board and approved by the Ministerial
Council;
(b) a
code or guideline approved by the National Board.
(4) An approved
registration standard or a code or guideline takes effect—
(a) on
the day it is published on the National Board's website; or
(b) if a
later day is stated in the registration standard, code or guideline, on that
day.
41—Use of registration standards, codes or guidelines in disciplinary
proceedings
An approved registration standard for a health profession, or a code or
guideline approved by a National Board, is admissible in proceedings under
this Law or a law of a co-regulatory jurisdiction against a
health practitioner registered in a health profession for which the Board is
established as evidence of what constitutes appropriate professional conduct
or practice for the health profession.
Part 6—Accreditation
Division 1—Preliminary
42—Definition
In this Part—
accreditation function means—
(a)
developing accreditation standards for approval by a National Board; or
(b)
assessing programs of study, and the education providers that provide the
programs of study, to determine whether the programs meet approved
accreditation standards; or
(c)
assessing authorities in other countries who conduct examinations for
registration in a health profession, or accredit programs of study relevant to
registration in a health profession, to decide whether persons who
successfully complete the examinations or programs of study conducted or
accredited by the authorities have the knowledge, clinical skills and
professional attributes necessary to practise the profession in Australia; or
(d)
overseeing the assessment of the knowledge, clinical skills and professional
attributes of overseas qualified health practitioners who are seeking
registration in a health profession under this Law and whose qualifications
are not approved qualifications for the health profession; or
(e)
making recommendations and giving advice to a National Board about a matter
referred to in paragraph (a), (b), (c) or (d).
Division 2—Accreditation authorities
43—Accreditation authority to be decided
(1) The National Board
established for a health profession must decide whether an accreditation
function for the health profession for which the Board is established is to be
exercised by—
(a) an
external accreditation entity; or
(b) a
committee established by the Board.
Note—
See sections 253 and 301 which provide for the performance of
accreditation functions for a health profession by external accreditation
authorities appointed by the Ministerial Council for a period after the
commencement of this Law.
(2) The National
Agency may charge an entity the relevant fee for the exercise of an
accreditation function by an accreditation committee.
44—National Agency may enter into contracts with external accreditation
entities
The National Agency may enter into a contract with an external accreditation
entity for the performance by the entity of an accreditation function for a
health profession only if the terms of the contract are in accordance with the
health profession agreement between the National Agency and the National Board
established for that profession.
45—Accreditation processes to be published
Each accreditation authority must publish on its website or, if the authority
is an accreditation committee, the website of the National Board that
established the committee, how it will exercise its accreditation function.
Division 3—Accreditation functions
46—Development of accreditation standards
(1) An accreditation
standard for a health profession may be developed by—
(a) an
external accreditation entity for the health profession; or
(b) an
accreditation committee established by the National Board established for the
health profession.
(2) In developing an
accreditation standard for a health profession, an accreditation authority
must undertake wide-ranging consultation about the content of the standard.
47—Approval of accreditation standards
(1) An accreditation
authority must, as soon as practicable after developing an accreditation
standard for a health profession, submit it to the National Board established
for the health profession.
(2) As soon as
practicable after a National Board receives an accreditation standard under
subsection (1), the Board must decide to—
(a)
approve the accreditation standard; or
(b)
refuse to approve the accreditation standard; or
(c) ask
the accreditation authority to review the standard.
(3) If the National
Board decides to approve the accreditation standard it must give written
notice of the approval to—
(a) the
National Agency; and
(b) the
accreditation authority that submitted the standard to the Board.
(4) If the National
Board decides to refuse to approve the accreditation standard—
(a) it
must give written notice of the refusal, including the reasons for the
refusal, to the accreditation authority that submitted the standard; and
(b) the
accreditation authority is entitled to publish any information or advice it
gave the Board about the standard.
(5) If the National
Board decides to ask the accreditation authority to review the standard it
must give the authority a written notice that—
(a)
states that the authority is being asked to review the standard; and
(b)
identifies the matters the authority is to address before again submitting the
standard to the Board.
(6) An accreditation
standard approved by a National Board must be published on its website.
(7) An accreditation
standard takes effect—
(a) on
the day it is published on the National Board's website; or
(b) if a
later day is stated in the standard, on that day.
48—Accreditation of programs of study
(1) An accreditation
authority for a health profession may accredit a program of study if, after
assessing the program, the authority is reasonably satisfied—
(a) the
program of study, and the education provider that provides the program of
study, meet an approved accreditation standard for the profession; or
(b) the
program of study, and the education provider that provides the program of
study, substantially meet an approved accreditation standard for the
profession and the imposition of conditions on the approval will ensure the
program meets the standard within a reasonable time.
(2) If the
accreditation authority decides to accredit a program of study, with or
without conditions, it must give to the National Board established for the
health profession a report about the authority's accreditation of the program.
(3) If the
accreditation authority decides to refuse to accredit a program of study it
must give written notice of the decision to the education provider that
provides the program of study.
(4) The notice must
state—
(a) the
reasons for the decision; and
(b)
that, within 30 days after receiving the notice, the education provider may
apply to the accreditation authority for an internal review of the decision;
and
(c) how
the education provider may apply for the review.
(5) An education
provider given a notice under subsection (3) may apply, as stated in the
notice, for an internal review of the accreditation authority's decision to
refuse to accredit the program of study.
(6) The internal
review must not be carried out by a person who assessed the program of study
for the accreditation authority.
49—Approval of accredited programs of study
(1) If a National
Board is given a report by an accreditation authority about the authority's
accreditation of a program of study, the Board may approve, or refuse to
approve, the accredited program of study as providing a qualification for the
purposes of registration in a health profession for which the Board is
established.
(2) An approval under
subsection (1) may be granted subject to the conditions the National
Board considers necessary or desirable in the circumstances.
(3) If the National
Board decides to approve the accredited program of study it must give written
notice of the approval to—
(a) the
National Agency for inclusion of the program of study in the list under
subsection (5); and
(b) the
accreditation authority that submitted the program to the Board.
(4) If the National
Board decides to refuse to approve the accredited program of study—
(a) it
must give written notice of the refusal, including the reasons for the
refusal, to the accreditation authority that submitted the program; and
(b) the
accreditation authority is entitled to publish any information or advice it
gave the Board about the program.
(5) A list of the
programs of study approved by a National Board as providing a qualification
for registration in a health profession for which the Board is established
must be published on the National Agency's website.
(6) The list of
approved programs of study published under subsection (5) must include,
for each program of study, the name of the university, specialist medical or
other college or other education provider that provides the approved program
of study.
(7) An approval under
subsection (1) does not take effect until the program of study is
included in the list published under subsection (5).
50—Accreditation authority to monitor approved programs of study
(1) The accreditation
authority that accredited an approved program of study must monitor the
program and the education provider that provides the program to ensure the
authority continues to be satisfied the program and provider meet an approved
accreditation standard for the health profession.
(2) If the
accreditation authority reasonably believes the program of study and education
provider no longer meet an approved accreditation standard for the health
profession, the accreditation authority must—
(a)
decide to—
(i)
impose the conditions on the accreditation that the
accreditation authority considers necessary to ensure the program of study
will meet the standard within a reasonable time; or
(ii)
revoke the accreditation of the program of study; and
(b) give
the National Board that approved the accredited program of study written
notice of the accreditation authority's decision.
51—Changes to approval of program of study
(1) If a National
Board is given notice under section 50(2)(b) that an accreditation
authority has revoked the accreditation of a program of study approved by the
Board, the Board's approval of the program is taken to have been cancelled at
the same time the accreditation was revoked.
(2) If a National
Board reasonably believes, because of a notice given to the Board under
section 50(2)(b) or for any other reason, that an accredited program of
study approved by the Board no longer provides a qualification for the
purposes of registration in a health profession for which the Board is
established, the Board may decide to—
(a)
impose the conditions the Board considers necessary or desirable on the
approval of the accredited program of study to ensure the program provides a
qualification for the purposes of registration; or
(b)
cancel its approval of the accredited program of study.
(3) If a National
Board makes a decision under subsection (2), it must give written notice
of the decision, including the reasons for the decision, to the accreditation
authority that accredited the program.
Part 7—Registration of health practitioners
Division 1—General registration
52—Eligibility for general registration
(1) An individual is
eligible for general registration in a health profession if—
(a) the
individual is qualified for general registration in the health profession; and
(b) the
individual has successfully completed—
(i)
any period of supervised practice in the health
profession required by an approved registration standard for the health
profession; or
(ii)
any examination or assessment required by an approved
registration standard for the health profession to assess the individual's
ability to competently and safely practise the profession; and
(c) the
individual is a suitable person to hold general registration in the health
profession; and
(d) the
individual is not disqualified under this Law or a law of a co-regulatory
jurisdiction from applying for registration, or being registered, in the
health profession; and
(e) the
individual meets any other requirements for registration stated in an approved
registration standard for the health profession.
(2) Without limiting
subsection (1), the National Board established for the health profession
may decide the individual is eligible for general registration in the
profession by doing either or both of the following—
(a)
imposing conditions on the registration under section 83;
(b)
accepting an undertaking from the individual under section 83A.
53—Qualifications for general registration
An individual is qualified for general registration in a health profession
if—
(a) the
individual holds an approved qualification for the health profession; or
(b) the
individual holds a qualification the National Board established for the health
profession considers to be substantially equivalent, or based on similar
competencies, to an approved qualification; or
(c) the
individual holds a qualification, not referred to in paragraph (a) or
(b), relevant to the health profession and has successfully completed an
examination or other assessment required by the National Board for the purpose
of general registration in the health profession; or
(d) the
individual—
(i)
holds a qualification, not referred to in
paragraph (a) or (b), that under this Law or a corresponding prior Act
qualified the individual for general registration (however described) in the
health profession; and
(ii)
was previously registered under this Law or the
corresponding prior Act on the basis of holding that qualification.
54—Examination or assessment for general registration
For the purposes of section 52(1)(b)(ii), if a National Board requires an
individual to undertake an examination or assessment, the examination or
assessment must be conducted by an accreditation authority for the health
profession, unless the Board decides otherwise.
55—Unsuitability to hold general registration
(1) A National Board
may decide an individual is not a suitable person to hold general registration
in a health profession if—
(a) in
the Board's opinion, the individual has an impairment that would detrimentally
affect the individual's capacity to practise the profession to such an extent
that it would or may place the safety of the public at risk; or
(b)
having regard to the individual's criminal history to the extent that is
relevant to the individual's practice of the profession, the individual is
not, in the Board's opinion, an appropriate person to practise the profession
or it is not in the public interest for the individual to practise the
profession; or
(c) the
individual has previously been registered under a relevant law and during the
period of that registration proceedings under Part 8, or proceedings that
substantially correspond to proceedings under Part 8, were started
against the individual but not finalised; or
(d) in
the Board's opinion, the individual's competency in speaking or otherwise
communicating in English is not sufficient for the individual to practise the
profession; or
(e) the
individual's registration (however described) in the health profession in a
jurisdiction that is not a participating jurisdiction, whether in Australia or
elsewhere, is currently suspended or cancelled on a ground for which an
adjudication body could suspend or cancel a health practitioner's registration
in Australia; or
(f) the
nature, extent, period and recency of any previous practice of the profession
is not sufficient to meet the requirements specified in an approved
registration standard relevant to general registration in the profession; or
(g) the
individual fails to meet any other requirement in an approved registration
standard for the profession about the suitability of individuals to be
registered in the profession or to competently and safely practise the
profession; or
(h) in
the Board's opinion, the individual is for any other reason—
(i)
not a fit and proper person for general registration in
the profession; or
(ii)
unable to practise the profession competently and safely.
(2) In this
section—
relevant law means—
(a) this
Law or a corresponding prior Act; or
(b) the
law of another jurisdiction, whether in Australia or elsewhere.
56—Period of general registration
(1) The period of
registration that is to apply to a health practitioner granted general
registration in a health profession is the period (the registration period ),
not more than 12 months, decided by the National Board established for the
profession and published on the Board's website.
(2) If the National
Board decides to register a health practitioner in the health profession
during a registration period, the registration—
(a)
starts—
(i)
when the Board makes the decision; or
(ii)
on the later day stated by the Board, not more than
90 days after the day the Board makes the decision; and
(b)
expires at the end of the last day of the registration period.
Division 2—Specialist registration
57—Eligibility for specialist registration
(1) An individual is
eligible for specialist registration in a recognised specialty in a health
profession if—
(a) the
individual is qualified for registration in the specialty; and
(b) the
individual has successfully completed—
(i)
any period of supervised practice in the specialty
required by an approved registration standard for the health profession; or
(ii)
any examination or assessment required by an approved
registration standard for the health profession to assess the individual's
ability to competently and safely practise the specialty; and
(c) the
individual is a suitable person to hold registration in the health profession;
and
(d) the
individual is not disqualified under this Law or a law of a co-regulatory
jurisdiction from applying for registration, or being registered, in the
specialty; and
(e) the
individual meets any other requirements for registration stated in an approved
registration standard for the specialty.
(2) Without limiting
subsection (1), the National Board may decide the individual is eligible
for registration in the recognised specialty by doing either or both of the
following—
(a)
imposing conditions on the registration under section 83;
(b)
accepting an undertaking from the individual under section 83A.
58—Qualifications for specialist registration
An individual is qualified for specialist registration in a recognised
specialty in a health profession if the individual—
(a)
holds an approved qualification for the specialty; or
(b)
holds another qualification the National Board established for the health
profession considers to be substantially equivalent, or based on similar
competencies, to an approved qualification for the specialty; or
(c)
holds a qualification, not referred to in paragraph (a) or (b), relevant
to the specialty and has successfully completed an examination or other
assessment required by the National Board for the purpose of registration in
the specialty; or
(d) the
individual—
(i)
holds a qualification, not referred to in
paragraph (a) or (b), that under this Law or a corresponding prior Act
qualified the individual for specialist registration (however described) in
the specialty; and
(ii)
was previously registered under this Law or the
corresponding prior Act on the basis of holding that qualification for the
specialty.
59—Examination or assessment for specialist registration
For the purposes of section 57(1)(b)(ii), if the National Board requires
an individual to undertake an examination or assessment, the examination or
assessment must be conducted by an accreditation authority for the health
profession, unless the Board decides otherwise.
60—Unsuitability to hold specialist registration
(1) Section 55
applies to the making of a decision by a National Board that an individual is
not a suitable person to hold specialist registration in a recognised
specialty.
(2) For the purposes
of subsection (1), a reference in section 55 to—
(a)
general registration in the health profession is taken to be a reference to
specialist registration in a recognised specialty; and
(b) the
health profession is taken to be a reference to the recognised specialty.
61—Period of specialist registration
(1) The period of
registration that is to apply to a health practitioner granted specialist
registration in a recognised specialty in a health profession is the period
(the registration period ), not more than 12 months, decided by the National
Board established for the profession and published on the Board's website.
(2) If the National
Board decides to register a health practitioner in a recognised specialty for
the health profession during a registration period, the specialist
registration—
(a)
starts when the Board makes the decision; and
(b)
expires at the end of the last day of the registration period.
Division 3—Provisional registration
62—Eligibility for provisional registration
(1) An individual is
eligible for provisional registration in a health profession, to enable the
individual to complete a period of supervised practice that the individual
requires to be eligible for general registration in the health profession,
if—
(a) the
individual is qualified for general registration in the profession; and
(b) the
individual is a suitable person to hold provisional registration in the
profession; and
(c) the
individual is not disqualified under this Law or a law of a co-regulatory
jurisdiction from applying for, or being registered in, the profession; and
(d) the
individual meets any other requirements for registration stated in an approved
registration standard for the health profession.
(2) Without limiting
subsection (1), the National Board established for the health profession
may decide the individual is eligible for provisional registration in the
health profession by doing either or both of the following—
(a)
imposing conditions on the registration under section 83;
(b)
accepting an undertaking from the individual under section 83A.
63—Unsuitability to hold provisional registration
(1) Section 55
applies to a decision by a National Board that an individual is not a suitable
person to hold provisional registration in a health profession.
(2) For the purposes
of subsection (1), a reference in section 55 to general registration
in the health profession is taken to be a reference to provisional
registration in the health profession.
64—Period of provisional registration
(1) The period of
registration (the registration period ) that is to apply to a
health practitioner granted provisional registration in a health profession
is—
(a) the
period decided by the National Board established for the profession, but not
more than 12 months, and published on the Board's website; or
(b) the
longer period prescribed by a regulation.
(2) If the National
Board decides to register a health practitioner in the health profession
during a registration period, the registration—
(a)
starts when the Board makes the decision; and
(b)
expires at the end of the last day of the registration period.
(3) Provisional
registration may not be renewed more than twice.
Note—
If an individual were not able to complete the supervised practice the
individual requires for general registration in a health profession during the
period consisting of the individual's initial period of registration and 2
renewals of that registration, the individual would need to make a new
application for provisional registration in the profession.
Division 4—Limited registration
65—Eligibility for limited registration
(1) An individual is
eligible for limited registration in a health profession if—
(a) the
individual is not qualified for general registration in the profession or
specialist registration in a recognised speciality in the profession; and
(b) the
individual is qualified under this Division for limited registration; and
(c) the
individual is a suitable person to hold limited registration in the
profession; and
(d) the
individual is not disqualified under this Law or a law of a co-regulatory
jurisdiction from applying for registration, or being registered, in the
health profession; and
(e) the
individual meets any other requirements for registration stated in an approved
registration standard for the health profession.
(1a)
Subsection (1b) applies if—
(a) an
individual is registered in a health profession for which divisions are
included in the National Register kept for the profession; and
(b) the
individual holds general or limited registration in a division.
(1b) Despite
subsection (1)(a) and (b), the individual is eligible for limited
registration in another division of the profession if the individual—
(a) is
not qualified for general registration under the other division; and
(b) is
qualified under this Division for limited registration under the other
division.
(2) Without limiting
subsection (1), the National Board established for the health profession
may decide the individual is eligible for limited registration in the
profession by doing either or both of the following—
(a)
imposing conditions on the registration under section 83;
(b)
accepting an undertaking from the individual under section 83A.
66—Limited registration for postgraduate training or supervised practice
(1) An individual may
apply for limited registration to enable the individual to undertake a period
of postgraduate training or supervised practice in a health profession, or to
undertake assessment or sit an examination, approved by the National Board
established for the profession.
(2) The individual is
qualified for the limited registration applied for if the National Board is
satisfied the individual has completed a qualification that is relevant to,
and suitable for, the postgraduate training, supervised practice, assessment
or examination.
67—Limited registration for area of need
(1) An individual may
apply for limited registration to enable the individual to practise a health
profession in an area of need decided by the responsible Minister under
subsection (5).
(2) The individual is
qualified for the limited registration applied for if the National Board is
satisfied the individual's qualifications and experience are relevant to, and
suitable for, the practice of the profession in the area of need.
(3) The National Board
must consider the application but is not required to register the individual
merely because there is an area of need.
(4) If the National
Board grants the individual limited registration to enable the individual to
practise the profession in the area of need, the individual must not practise
the profession other than in the area of need specified in the individual's
certificate of registration.
(5) A responsible
Minister for a participating jurisdiction may decide there is an area of need
for health services in the jurisdiction, or part of the jurisdiction, if the
Minister considers there are insufficient health practitioners practising in a
particular health profession in the jurisdiction or the part of the
jurisdiction to provide services that meet the needs of people living in the
jurisdiction or the part of the jurisdiction.
(6) If a responsible
Minister decides there is an area of need under subsection (5), the
responsible Minister must give the National Board established for the health
profession written notice of the decision.
(7) A responsible
Minister may delegate the Minister's power under this section to an
appropriately qualified person.
(8) In this
section—
appropriately qualified means having the qualifications, experience or
standing appropriate to the exercise of the power.
health services means the provision of services by health practitioners in a
particular health profession.
68—Limited registration in public interest
(1) An individual may
apply for limited registration to enable the individual to practise a health
profession for a limited time, or for a limited scope, in the public interest.
(2) The individual is
qualified for the limited registration applied for if the National Board
established for the health profession is satisfied it is in the public
interest for an individual with the individual's qualifications and experience
to practise the profession for that time or scope.
69—Limited registration for teaching or research
(1) An individual may
apply for limited registration in a health profession to enable the individual
to fill a teaching or research position.
(2) The individual is
qualified for the limited registration applied for if the National Board
established for the health profession is satisfied the individual's
qualifications are relevant to, and suitable for, the position.
70—Unsuitability to hold limited registration
(1) Section 55
applies to a decision by a National Board that an individual is not a suitable
person to hold limited registration in a health profession.
(2) For the purposes
of subsection (1), a reference in section 55 to general registration
in the health profession is taken to be a reference to limited registration in
the health profession.
71—Limited registration not to be held for more than one purpose
(1)
Subsection (2) applies to a health profession for which a division is not
included in the National Register kept for the profession.
(2) An individual
registered in the health profession may not hold limited registration in the
same health profession for more than one purpose under this Division at the
same time.
(3)
Subsection (4) applies to a health profession for which divisions are
included in the National Register kept for the profession.
(4) An individual
registered in the health profession may not hold limited registration in the
same division of the profession for more than one purpose under this Division
at the same time.
72—Period of limited registration
(1) The period of
registration that is to apply to a health practitioner granted limited
registration in a health profession is the period (the registration period ),
not more than 12 months, decided by the National Board established for the
profession and published on the Board's website.
(2) If the National
Board decides to register a health practitioner in the health profession
during a registration period, the registration—
(a)
starts when the Board makes the decision; and
(b)
expires at the end of the last day of the registration period.
(3) Limited
registration may not be renewed more than 3 times.
Note—
If an individual had been granted limited registration in a health profession
for a purpose under this Division, had subsequently renewed the registration
in the profession for that purpose 3 times and at the end of the period wished
to continue holding limited registration in the profession for that purpose,
the individual would need to make a new application for limited registration
in the profession for that purpose.
Division 5—Non-practising registration
73—Eligibility for non-practising registration
An individual is eligible for non-practising registration in a health
profession if—
(a) the
individual—
(i)
holds or has held general registration in the health
profession under this Law; or
(ii)
holds or has held specialist registration in a recognised
speciality in the health profession under this Law; or
(iii)
held registration in the health profession under a
corresponding prior Act that was equivalent to general registration or
specialist registration in the health profession under this Law;
(b) the
individual is a suitable person to hold non-practising registration in the
profession.
74—Unsuitability to hold non-practising registration
A National Board may decide an individual is not a suitable person to hold
non-practising registration in a health profession if—
(a)
having regard to the individual's criminal history to the extent that is
relevant to the individual's practise of the profession, the individual is
not, in the Board's opinion, an appropriate person to hold registration in the
profession or it is not in the public interest for the individual to hold
registration in the profession; or
(aa) the
person's registration has been withdrawn by a National Board under
section 85A; or
(b) in
the Board's opinion, the individual is for any other reason not a fit and
proper person to hold non-practising registration in the profession.
75—Registered health practitioner who holds non-practising registration
must not practise the profession
(1) A registered
health practitioner who holds non-practising registration in a health
profession must not practise the profession.
(2) A contravention of
subsection (1) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
76—Period of non-practising registration
(1) The period of
registration that is to apply to a health practitioner granted non-practising
registration in a health profession is the period (the registration period ),
not more than 12 months, decided by the National Board established for the
profession and published on the Board's website.
(2) If the National
Board decides to register a health practitioner in the health profession
during a registration period, the registration—
(a)
starts when the Board makes the decision; and
(b)
expires at the end of the last day of the registration period.
Division 6—Application for registration
77—Application for registration
(1) An individual may
apply to a National Board for registration in a health profession for which
the Board is established.
(a) be
in the form approved by the National Board; and
(b) be
accompanied by the relevant fee; and
(c) be
accompanied by proof of the applicant's identity; and
(d) be
accompanied by any other information reasonably required by the Board.
(3) Without limiting
subsection (2)(a), a form approved by a National Board for the purposes
of that subsection must require an applicant—
(a) to
provide a declaration about—
(i)
the address at which the applicant will predominantly
practise the profession; or
(ii)
if the applicant will not be practising the profession or
will not predominantly practise the profession at one address, the address
that is the applicant's principal place of residence; and
(b) to
provide an address to be used by the Board in corresponding with the
applicant; and
(c) to
disclose the applicant's criminal history; and
(d) to
authorise the Board to obtain the applicant's criminal history.
Note—
See the definition of criminal history which applies to offences in
participating jurisdictions and elsewhere, including outside Australia.
(4) A criminal history
law does not apply to the requirement under subsection (3)(c) for the
applicant to disclose the applicant's criminal history.
(5) Information in the
application must, if the approved form requires, be verified by a statutory
declaration.
78—Power to check applicant's proof of identity
(1) If an applicant
for registration gives a National Board a document as evidence of the
applicant's identity under this section, the Board may, by written notice, ask
the entity that issued the document—
(a) to
confirm the validity of the document; or
(b) to
give the Board other information relevant to the applicant's identity.
(2) An entity given a
notice under subsection (1) is authorised to give the National Board the
information requested in the notice.
79—Power to check applicant's criminal history
(1) Before deciding an
application for registration, a National Board must check the applicant's
criminal history.
(2) For the purposes
of checking an applicant's criminal history, a National Board may obtain a
written report about the criminal history of the applicant from any of the
following—
(a) ACC;
(b) a
police commissioner;
(c) an
entity in a jurisdiction outside Australia that has access to records about
the criminal history of persons in that jurisdiction.
(3) A criminal history
law does not apply to a report about an applicant's criminal history under
subsection (2).
80—Boards' other powers before deciding application for registration
(1) Before deciding an
application for registration, a National Board may—
(a)
investigate the applicant, including, for example, by asking an entity—
(i)
to give the Board information about the applicant; or
(ii)
to verify information or a document that relates to the
applicant;
Examples—
If the applicant is or has been registered by another registration authority,
the National Board may ask the registration authority for information about
the applicant's registration status.
The National Board may ask an entity that issued qualifications that the
applicant believes qualifies the applicant for registration for confirmation
that the qualification was issued to the applicant.
(b) by
written notice given to the applicant, require the applicant to give the
Board, within a reasonable time stated in the notice, further information or a
document the Board reasonably requires to decide the application; and
(c) by
written notice given to the applicant, require the applicant to attend before
the Board, within a reasonable time stated in the notice and at a reasonable
place, to answer any questions of the Board relating to the application; and
(d) by
written notice given to the applicant, require the applicant to undergo an
examination or assessment, within a reasonable time stated in the notice and
at a reasonable place, to assess the applicant's ability to practise the
health profession in which registration is sought; and
(e) by
written notice given to the applicant, require the applicant to undergo a
health assessment, within a reasonable time stated in the notice and at a
reasonable place.
(2) The National Board
may require the information or document referred to in subsection (1)(b)
to be verified by a statutory declaration.
(3) If the National
Board requires an applicant to undertake an examination or assessment under
subsection (1)(d) to assess the applicant's ability to practise the
health profession—
(a) the
examination or assessment must be conducted by an accreditation authority for
the health profession, unless the Board decides otherwise; and
(b) the
National Agency may require the applicant to pay the relevant fee.
(4) A notice under
subsection (1)(d) or (e) must state—
(a) the
reason for the examination or assessment; and
(b) the
name and qualifications of the person appointed by the National Board to
conduct the examination or assessment; and
(c) the
place where, and the day and time at which, the examination or assessment is
to be conducted.
(5) The applicant is
taken to have withdrawn the application if, within the stated time, the
applicant does not comply with a requirement under subsection (1).
81—Applicant may make submissions about proposed refusal of application
or imposition of condition
(1) If, after
considering an application for registration, a National Board is proposing to
refuse to register the applicant or to register the applicant subject to a
condition, the Board must give the applicant written notice of the proposal.
(2) The notice
must—
(a)
state the reasons for the proposal; and
(b)
invite the applicant to make a written or verbal submission to the Board by
the date stated in the notice, being not less than 30 days after the day the
notice is given to the applicant, about the proposal.
82—Decision about application
(1) After considering
an application for registration and any submissions made in accordance with a
notice under section 81, a National Board established for a health
profession must—
(a)
decide to grant the applicant the type of registration in the health
profession applied for if the applicant is eligible for that type of
registration under a relevant section; or
(b)
decide to grant the applicant a type of registration in the health profession,
other than the type of registration applied for, for which the applicant is
eligible under a relevant section; or
(c)
decide to refuse to grant the applicant registration in the health profession
if—
(i)
the applicant is ineligible for registration in the
profession under a relevant section because the applicant—
(A) is not qualified for registration; or
(B) has not completed a period of
supervised practice in the health profession, or an examination or assessment
required by the Board to assess the individual's ability to practise the
profession; or
(C) is not a suitable person to hold
registration; or
(D) is disqualified under this Law from
applying for registration, or being registered, in the health profession; or
(E) does not meet a requirement for
registration stated in an approved registration standard for the profession;
or
(ii)
it would be improper to register the applicant because
the applicant or someone else gave the National Board information or a
document in relation to the application that was false or misleading in a
material particular.
(2) In this
section—
relevant section means section 52, 57, 62, 65 or 73.
83—Conditions of registration
(1) If a National
Board decides to register a person in a health profession for which the Board
is established, the registration is subject to any condition the Board
considers necessary or desirable in the circumstances.
Note—
A failure by a registered health practitioner to comply with a condition of
the practitioner's registration does not constitute an offence but may
constitute behaviour for which health, conduct or performance action may be
taken.
(2) If the National
Board decides to register the person subject to a condition referred to in
subsection (1), the Board must decide a review period for the condition.
83A—Undertakings at registration
If a National Board decides to register a person in a health profession for
which the Board is established, the Board may accept any undertaking from the
person the Board considers necessary or desirable in the circumstances.
84—Notice to be given to applicant
(1) Within 30 days
after making the decision under section 82, the National Board
must—
(a) give
the applicant written notice of the Board's decision; and
(b) if
the Board decides to register the applicant, give the applicant a certificate
of registration.
(2) If the Board
decides not to register the applicant, or decides to register the applicant in
a type of registration other than the registration applied for or subject to a
condition, the notice under subsection (1)(a) must state—
(a) the
reasons for the decision; and
(b) that
the applicant may appeal against the decision; and
(c) how
an application for appeal may be made and the period within which the
application must be made.
85—Failure to decide application
If a National Board fails to decide an application for registration within 90
days after its receipt, or the longer period agreed between the Board and the
applicant, the failure by the Board to make a decision is taken to be a
decision to refuse to register the applicant.
Division 6A—Withdrawal of registration
85A—Power to withdraw registration
A National Board may withdraw the registration of a registered health
practitioner registered in a health profession for which the Board is
established if the Board reasonably believes the practitioner's registration
was improperly obtained because the practitioner or someone else gave the
Board information or a document that was false or misleading in a material
particular.
85B—Registered health practitioner may make submissions about proposed
withdrawal of registration
(1) If a National
Board is proposing to withdraw a registered health practitioner's registration
under section 85A, the Board must give the practitioner written notice of
the proposal.
(2) The notice
must—
(a)
state the reasons for the proposal; and
(b)
invite the registered health practitioner to make a written or verbal
submission to the National Board, within the reasonable time stated in the
notice, about the proposal.
(3) This section does
not prevent a National Board from taking immediate action under
Division 7 of Part 8 in relation to the registered health
practitioner.
85C—Decision about withdrawal of registration
After considering any submissions made in accordance with a notice under
section 85B, the National Board must—
(a)
decide—
(i)
the registration was not improperly obtained on the
ground the registered health practitioner or someone else gave the Board
information or a document that was false or misleading in a material
particular; and
(ii)
no further action is to be taken; or
(b)
decide the registration was improperly obtained because the practitioner or
someone else gave the Board information or a document that was false or
misleading in a material particular and do one or more of the following—
(i)
withdraw the practitioner's registration;
(ii)
refer the matter to a responsible tribunal;
(iii)
take other appropriate action under Part 8.
85D—Notice to be given to registered health practitioner
(1) The National Board
must give the registered health practitioner written notice of the Board's
decision under section 85C as soon as practicable, but no later than
30 days after making the decision.
(2) If the National
Board decides to withdraw the registered health practitioner's registration,
the notice must state—
(a) the
reasons for the decision; and
(b) that
the practitioner may appeal against the decision; and
(c) how
the application for appeal may be made and the period within which the
application must be made.
Note—
If, under section 85C(b)(ii) or (iii), the National Board decides to
refer the matter to a responsible tribunal or take other appropriate action
under Part 8, notice of the referral or other action will be given to the
registered health practitioner under the relevant provision of Part 8.
85E—When decision takes effect
The decision by the National Board to withdraw a person's registration takes
effect on—
(a) the
day notice of the Board's decision is given to the person; or
(b) the
later day stated in the notice.
Division 7—Student registration
Subdivision 1—Persons undertaking approved programs of study
86—Definitions
In this Subdivision—
approved program of study , for a health profession, does not include an
approved program of study that provides a qualification for endorsement of
registration in the profession but does not qualify a person for registration
in the profession.
particulars means particulars required to be included in the student register.
87—National Board must register persons undertaking approved program of
study
(1) The National Board
established for a health profession must decide whether persons who are
undertaking an approved program of study for the health profession must be
registered—
(a) for
the entire period during which the persons are enrolled in the approved
program of study; or
(b) for
the period starting when the persons begin a particular part of the approved
program of study and ending when the persons complete, or otherwise cease to
be enrolled in, the program.
(2) In deciding
whether to register persons undertaking an approved program of study for the
entire period of the program of study or only part of the period, the National
Board must have regard to—
(a) the
likelihood that persons undertaking the approved program of study will, in the
course of undertaking the program, have contact with members of the public;
and
(b) if
it is likely that the persons undertaking the approved program of study will
have contact with members of the public—
(i)
when in the approved program of study it is likely the
persons will have contact with members of the public; and
(ii)
the potential risk that contact may pose to members of
the public.
88—National Board may ask education provider for list of persons
undertaking approved program of study
(1) For the purposes
of registering persons as required by section 87, a National Board may,
at any time by written notice given to an education provider, ask the provider
for the following—
(a) the
particulars of all persons who are undertaking an approved program of study
for a health profession for which the Board is established;
(b) the
particulars of all persons who will be undertaking the part of the approved
program of study specified in the notice.
(2) An education
provider given a notice under subsection (1) must not fail, without
reasonable excuse, to comply with the notice.
(3) A contravention of
subsection (2) does not constitute an offence.
(4) However, if an
education provider does not comply with a notice under
subsection (1)—
(a) the
National Board that gave the education provider the notice must publish
details of the failure to comply with the notice on the Board's website; and
(b) the
National Agency may, on the recommendation of the National Board, include a
statement about the failure to comply with the notice in the Agency's annual
report.
89—Registration of students
(1) On receipt of the
particulars of persons undertaking an approved program of study, or part of an
approved program of study, under section 88—
(a) the
National Board may register the persons as students in the health profession
by entering the persons' particulars in the student register kept by the
Board; or
(b) the
National Board may—
(i)
by written notice given to each person, require the
person to complete an application for registration as a student in the form
approved by the National Board; and
(ii)
on receipt of the person's application form, register the
person as a student in the health profession by entering the person's
particulars in the student register kept by the Board.
(2) The National Board
must not register a person as a student if the person is undertaking an
approved program of study for a health profession in which the person already
holds registration under Division 6.
(3) The National Board
must not require a person to pay a fee for registration as a student.
(4) As soon as
practicable after registering a person as a student, a National Board must
give written notice of the registration to—
(a) the
education provider that provided the student's particulars to the Board; and
(b) if
the Board required the person to complete an application form for
registration, the student.
(5) As soon as
practicable after receiving notice that a student has been registered under
subsection (1)(a), the education provider must give written notice of the
registration to the student.
90—Period of student registration
The period of registration for a student—
(a)
starts when the student is registered under section 89; and
(b)
expires at the end of the day on which the student completes, or otherwise
ceases to be enrolled in, the approved program of study.
Subdivision 2—Other persons to be registered as students
91—Education provider to provide lists of persons
(1) If an education
provider arranges clinical training in a health profession for a person who is
not enrolled in an approved program of study for the profession, the education
provider must give the National Board established for the profession written
notice about the arrangement.
(2)
Subsection (1) does not apply if the person is a registered
health practitioner who is registered in the health profession in which the
clinical training is being undertaken.
(3) A notice under
subsection (1) must include—
(a) the
particulars of the person undertaking the clinical training; and
(b)
particulars of the arrangement for the person to undertake the clinical
training.
(4) On receipt of a
notice under subsection (1)—
(a) the
National Board may register the persons as students in the health profession
by entering the persons' particulars in the student register kept by the
Board; or
(b) the
National Board may—
(i)
by written notice given to each person, require the
person to complete an application for registration as a student in the form
approved by the National Board; and
(ii)
on receipt of the person's application form, register the
person as a student in the health profession by entering the person's
particulars in the student register kept by the Board.
(5) As soon as
practicable after registering a person as a student under subsection (4),
a National Board must give written notice of the registration to the education
provider that provided the student's particulars to the Board.
(6) The National Board
must not require a person to pay a fee for registration as a student.
(7) A student's period
of registration under this section—
(a)
starts when the student is registered under subsection (4); and
(b)
expires at the end of the day on which the person completes, or otherwise
ceases to undertake, the period of clinical training.
Subdivision 3—General provisions applicable to students
92—Notice to be given if student registration suspended or conditions
imposed
(1) This section
applies if, at any time, any of the following events occurs—
(a) a
person's registration as a student under this Law is suspended;
(b) a
condition is imposed on a person's registration as a student under this Law or
a condition to which a person's registration is subject is changed or removed;
(c) a
National Board accepts an undertaking from a person who is a student.
(2) The National Board
established for the person's health profession must, as soon as practicable
after the event occurs, give written notice of the event to the education
provider with which the person is undertaking the approved program of study.
(3) If an education
provider is given a notice under subsection (2) about a person, the
education provider must, as soon as practicable after receiving the notice,
give notice of the event to any entity with whom the person is undertaking
training as part of the approved program of study.
93—Report to National Board of cessation of status as student
(1) This section
applies if—
(a) a
student completes, or otherwise ceases to be enrolled in, an approved program
of study for a health profession provided by an education provider; or
(b) a
student completes, or otherwise ceases to undertake, clinical training in a
health profession arranged by an education provider.
(2) The education
provider must give written notice of the student ceasing to be enrolled in the
program of study, or to undertake the clinical training, to the National Board
established for the health profession within 60 days of it occurring.
(3) A contravention of
subsection (2) does not constitute an offence.
(4) However, if an
education provider contravenes subsection (2)—
(a) the
National Board must publish details of the contravention on the Board's
website; and
(b) the
National Agency may, on the recommendation of the National Board, include a
statement about the contravention in the Agency's annual report.
Division 8—Endorsement of registration
Subdivision 1—Endorsement in relation to scheduled medicines
94—Endorsement for scheduled medicines
(1) A National Board
may, in accordance with an approval given by the Ministerial Council under
section 14, endorse the registration of a registered health practitioner
registered in a health profession for which the Board is established as being
qualified to administer, obtain, possess, prescribe, sell, supply or use a
scheduled medicine or class of scheduled medicines if the practitioner—
(a)
holds either of the following qualifications relevant to the
endorsement—
(i)
an approved qualification;
(ii)
another qualification that, in the Board's opinion, is
substantially equivalent to, or based on similar competencies to, an approved
qualification; and
(b)
complies with any approved registration standard relevant to the endorsement.
Note—
The endorsement of a health practitioner's registration under this section
indicates the practitioner is qualified to administer, obtain, possess,
prescribe, sell, supply or use the scheduled medicine or class of medicines
specified in the endorsement but does not authorise the practitioner to do so.
The authorisation of a health practitioner to administer, obtain, possess,
prescribe, sell, supply or use scheduled medicines in a participating
jurisdiction will be provided for by or under another Act of that
jurisdiction.
Health practitioners registered in certain health professions will be
authorised to administer, obtain, possess, prescribe, sell, supply or use
scheduled medicines by or under an Act of a participating jurisdiction without
the need for the health practitioners to hold an endorsement under this Law.
(2) An endorsement
under subsection (1) must state—
(a) the
scheduled medicine or class of scheduled medicines to which the endorsement
relates; and
(b)
whether the registered health practitioner is qualified to administer, obtain,
possess, prescribe, sell, supply or use the scheduled medicine or class of
scheduled medicines; and
(c) if
the endorsement is for a limited period, the date the endorsement expires.
Subdivision 2—Endorsement in relation to nurse practitioners
95—Endorsement as nurse practitioner
(1) The National Board
for the nursing profession may endorse the registration of a registered
health practitioner whose name is included in the Register of Nurses as being
qualified to practise as a nurse practitioner if the practitioner—
(a)
holds either of the following qualifications relevant to the
endorsement—
(i)
an approved qualification;
(ii)
another qualification that, in the Board's opinion, is
substantially equivalent to, or based on similar competencies to, an approved
qualification; and
(b)
complies with any approved registration standard relevant to the endorsement.
(2) An endorsement
under subsection (1) must state—
(a) that
the registered health practitioner is entitled to use the title "nurse
practitioner"; and
(b) any
conditions applicable to the practice by the registered health practitioner as
a nurse practitioner.
Subdivision 4—Endorsement in relation to acupuncture
97—Endorsement for acupuncture
(1) A National Board
may endorse the registration of a registered health practitioner registered in
a health profession for which the Board is established as being qualified to
practise as an acupuncturist if the practitioner—
(a)
holds either of the following qualifications relevant to the
endorsement—
(i)
an approved qualification;
(ii)
another qualification that, in the Board's opinion, is
substantially equivalent to, or based on similar competencies to, an approved
qualification; and
(b)
complies with an approved registration standard relevant to the endorsement.
(2) An endorsement
under subsection (1) must state—
(a) that
the registered health practitioner is entitled to use the title
"acupuncturist"; and
(b) any
conditions applicable to the practice of acupuncture by the registered
health practitioner.
Subdivision 5—Endorsements in relation to approved areas of
practice
98—Endorsement for approved area of practice
(1) A National Board
established for a health profession may, in accordance with an approval given
by the Ministerial Council under section 15, endorse the registration of
a registered health practitioner registered in a health profession for which
the Board is established as being qualified to practise in an approved area of
practice for the health profession if the practitioner—
(a)
holds either of the following qualifications relevant to the
endorsement—
(i)
an approved qualification;
(ii)
another qualification that, in the Board's opinion, is
substantially equivalent to, or based on similar competencies to, an approved
qualification; and
(b)
complies with an approved registration standard relevant to the endorsement.
(2) An endorsement
under subsection (1) must state—
(a) the
approved area of practice to which the endorsement relates; and
(b) any
conditions applicable to the practice by the registered health practitioner in
the approved area of practice.
Subdivision 6—Application for endorsement
99—Application for endorsement
(1) An individual may
apply to a National Board for endorsement of the individual's registration.
(a) be
in the form approved by the National Board; and
(b) be
accompanied by the relevant fee; and
(c) be
accompanied by any other information reasonably required by the Board.
(3) For the purposes
of subsection (2)(c), the information a National Board may require an
applicant to provide includes—
(a)
evidence of the qualifications in the health profession the applicant believes
qualifies the applicant for endorsement; and
(b)
evidence of successful completion of any period of supervised practice
required by an approved registration standard; and
(c) if
the applicant is required to complete an examination or assessment set by or
on behalf of the Board, evidence of the successful completion of the
examination or assessment.
100—Boards' other powers before deciding application for endorsement
(1) Before deciding an
application for endorsement, a National Board may—
(a)
investigate the applicant, including, for example, by asking an entity—
(i)
to give the Board information about the applicant; or
(ii)
to verify information or a document that relates to the
applicant; or
(b) by
written notice to the applicant, require the applicant to give the Board,
within a reasonable time stated in the notice, further information or a
document the Board reasonably requires to decide the application; or
(c) by
written notice to the applicant, require the applicant to attend before the
Board, within a reasonable time stated in the notice and at a reasonable
place, to answer any questions of the Board relating to the application; or
(d) by
written notice to the applicant, require the applicant to undergo a written,
oral or practical examination, within a reasonable time stated in the notice
and at a reasonable place.
(2) The purpose of an
examination under subsection (1)(d) must be to assess the applicant's
ability to practise the health profession in accordance with the endorsement
sought.
(3) The applicant is
taken to have withdrawn the application if, within the stated time, the
applicant does not comply with a requirement under subsection (1).
101—Applicant may make submissions about proposed refusal of application
or imposition of condition
(1) If, after
considering an application for endorsement of a registration, a National Board
is proposing to refuse to endorse the applicant's registration or to endorse
the applicant's registration subject to a condition, the Board must give the
applicant written notice of the proposal.
(2) The notice
must—
(a)
state the reasons for the proposal; and
(b)
invite the applicant to make a written or verbal submission to the Board by
the date stated in the notice, being not less than 30 days after the day the
notice is given to the applicant, about the proposal.
102—Decision about application
(1) After considering
an application for endorsement and any submissions made in accordance with a
notice under section 101, a National Board must decide to endorse, or
refuse to endorse, the applicant's registration as sought.
(2) Without limiting
subsection (1), a National Board may refuse to endorse an applicant's
registration if—
(a) the
applicant is not qualified for the endorsement under a relevant section; or
(b) the
Board considers the applicant is not competent to practise the health
profession in accordance with the endorsement sought.
(3) In this
section—
relevant section means section 94, 95, 97 or 98.
103—Conditions of endorsement
(1) If a National
Board decides to endorse the applicant's registration under section 102,
the Board may decide to impose on the endorsement the conditions the Board
considers necessary or desirable in the circumstances.
Note—
A failure by a registered health practitioner to comply with a condition of
the practitioner's registration does not constitute an offence but may
constitute behaviour for which health, conduct or performance action may be
taken.
(2) If the National
Board decides to impose a condition on the endorsement, the Board must also
decide a review period for the condition.
103A—Undertakings at endorsement
If a National Board decides to endorse the applicant's registration under
section 102, the Board may accept any undertaking from the applicant the
Board considers necessary or desirable in the circumstances.
104—Notice of decision to be given to applicant
(1) As soon as
practicable after making the decision under section 102, the National
Board must—
(a) give
the applicant written notice of the Board's decision; and
(b) if
the Board decides to endorse the applicant's registration, give the applicant
a new certificate of registration.
(2) If the Board
decides not to endorse the applicant's registration or decides to endorse the
applicant's registration subject to a condition, the notice under
subsection (1)(a) must state—
(a) the
reasons for the decision; and
(b) that
the applicant may appeal against the decision; and
(c) how
an application for appeal may be made and the period within which the
application must be made.
105—Period of endorsement
If a National Board decides to endorse a registered health practitioner's
registration, the endorsement—
(a)
starts when the Board makes the decision; and
(b)
expires when the practitioner's registration ends.
106—Failure to decide application for endorsement
If a National Board fails to decide an application for endorsement within 90
days after its receipt, or the longer period agreed between the Board and the
applicant, the failure by the Board to make a decision is taken to be a
decision to refuse to endorse the applicant's registration.
Division 9—Renewal of registration
107—Application for renewal of registration or endorsement
(1) A registered
health practitioner may apply to the National Board established for the
practitioner's health profession for renewal of the health practitioner's
registration.
(2) An application for
renewal of a registered health practitioner's registration must be made not
later than one month after the practitioner's period of registration ends.
(3) If the registered
health practitioner's registration has been endorsed by the National Board,
the application for renewal of the practitioner's registration is taken to
also be an application for a renewal of the endorsement.
(4) The application
for renewal of registration must—
(a) be
in the form approved by the National Board; and
(b) be
accompanied by the relevant fee; and
(c) if
the application for renewal is made after the registered health practitioner's
period of registration ends, be accompanied by the relevant fee for a late
application; and
(d) be
accompanied by the annual statement required under section 109; and
(e) be
accompanied by any other information reasonably required by the Board.
108—Registration taken to continue in force
(1) If a registered
health practitioner applies under section 107 to renew the practitioner's
registration, the applicant's registration, including any endorsement of the
registration, is taken to continue in force from the day it would, apart from
this section, have ended until—
(a) if
the National Board decides to renew the applicant's registration, the day a
new certificate of registration is issued to the applicant; or
(b) if
the National Board decides to refuse to renew the applicant's registration,
the day the applicant is given notice of the decision.
(2) If a health
practitioner does not apply to renew the practitioner's registration before
the practitioner's period of registration ends, the registration, including
any endorsement of the registration, is taken to continue in force
until—
(a) the
end of the day that is one month after the day the period of registration
would, apart from this subsection, have ended; or
(b) if
the health practitioner applies for renewal of the registration not later than
one month after the practitioner's period of registration ends, the day
referred to in subsection (1)(a) or (b).
(3)
Subsection (1) or (2) does not apply if the registration is earlier
cancelled under this Law.
109—Annual statement
(1) An application for
renewal of registration must include or be accompanied by a statement that
includes the following—
(a) a
declaration by the applicant that—
(i)
the applicant does not have an impairment; and
(ii)
the applicant has met any recency of practice
requirements stated in an approved registration standard for the health
profession; and
(iii)
the applicant has completed the continuing professional
development the applicant was required by an approved registration standard to
undertake during the applicant's preceding period of registration; and
(iv)
the applicant has not practised the health profession
during the preceding period of registration without appropriate professional
indemnity insurance arrangements being in place in relation to the applicant;
and
(v)
if the applicant's registration is renewed the applicant
will not practise the health profession unless appropriate professional
indemnity insurance arrangements are in place in relation to the applicant;
(b)
details of any change in the applicant's criminal history that occurred during
the applicant's preceding period of registration;
Note—
See the definition of criminal history which applies to offences in
participating jurisdictions and elsewhere, including outside Australia.
(c) if
the applicant's right to practise at a hospital or another facility at which
health services are provided was withdrawn or restricted during the
applicant's preceding period of registration because of the applicant's
conduct, professional performance or health, details of the withdrawal or
restriction of the right to practise;
(d) if,
during the applicant's preceding period of registration and because of the
applicant's conduct, professional performance or health, the applicant
was—
(i)
disqualified under an agreement under section 92 of
the Health Insurance Act 1973 of the Commonwealth; or
(ii)
subject to a final determination under section 106TA
of the Health Insurance Act 1973 of the Commonwealth that contained a
direction under section 106U(1)(g) or (h) of that Act that the
applicant be disqualified;
(e)
details of any complaint made about the applicant to a registration authority
or another entity having functions relating to professional services provided
by health practitioners or the regulation of health practitioners;
(f) any
other information required by an approved registration standard.
(1A) To avoid doubt,
subsection (1)(d) applies only to the extent the applicant is not
prohibited from disclosing information about the disqualification or final
determination by the Health Insurance Act 1973 of the Commonwealth.
(2)
Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an
applicant who is applying for the renewal of non-practising registration.
110—National Board's powers before making decision
Before deciding an application for renewal of registration, a National Board
may exercise a power under section 80 as if the application were an
application for registration made under section 77.
111—Applicant may make submissions about proposed refusal of application
for renewal or imposition of condition
(1) If, after
considering an application for renewal of registration, a National Board is
proposing to refuse to renew the applicant's registration or to renew the
applicant's registration subject to a new condition, the Board must give the
applicant written notice of the proposal.
(2) The notice
must—
(a)
state the reasons for the proposal; and
(b)
invite the applicant to make a written or verbal submission to the Board by
the date stated in the notice, being not less than 30 days after the day the
notice is given to the applicant, about the proposal.
112—Decision about application for renewal
(1) After considering
an application for renewal of registration and any submissions made in
accordance with a notice under section 111, a National Board may decide
to renew, or refuse to renew, the applicant's registration or the endorsement.
(2) The National Board
may refuse to renew the applicant's registration or any endorsement on the
applicant's registration—
(a) on
any ground on which the Board could refuse to grant the registration or
endorsement under section 82 or 102 if the application were for a grant
of registration or endorsement; or
(b) if
the applicant contravened any condition to which the applicant's previous
registration or endorsement was subject; or
(ba) if
the applicant failed to comply with any undertaking given by the applicant to
the Board that was in effect during the applicant's previous period of
registration or endorsement; or
(c) if,
during the applicant's previous period of registration, the applicant failed
to have appropriate professional indemnity insurance arrangements or failed to
complete the continuing professional development required by an approved
registration standard for the profession; or
(d) if a
statement made by the applicant in the applicant's annual statement was false
or misleading in a material particular; or
(e) if
the application is for the renewal of provisional registration and the
applicant's provisional registration has previously been renewed twice; or
(f) if
the application is for the renewal of limited application and the applicant's
limited registration has previously been renewed 3 times.
(3) If the National
Board renews a registration, including any endorsement on the registration,
the registration or endorsement is subject to—
(a) any
condition to which the registration was subject immediately before the
renewal; and
(b) any
condition the Board considers necessary or desirable in the circumstances; and
(c) any
undertaking given by the applicant to the Board that was in effect immediately
before the renewal; and
(d) any
undertaking given by the applicant to the Board that the Board considers
necessary or desirable in the circumstances.
Note—
A failure by a registered health practitioner to comply with a condition of
the practitioner's registration, or an undertaking given by the practitioner
to the Board, does not constitute an offence but may constitute behaviour for
which health, conduct or performance action may be taken.
(4) If the National
Board decides to renew a registered health practitioner's registration or an
endorsement of the registration subject to a condition under
subsection (3)(b), the Board must decide a review period for the
condition.
(5) If a National
Board decides to refuse to renew an applicant's registration or the
endorsement of the applicant's registration, or to renew the registration or
the endorsement subject to a condition under subsection (3)(b), the Board
must give the applicant a notice that states—
(a) the
decision made by the Board; and
(b) the
reasons for the decision; and
(c) that
the applicant may appeal against the decision; and
(d) how
an application for appeal may be made and the period within which the
application must be made.
(6) A registration,
including any endorsement of the registration, renewed under this
Division—
(a)
starts on the day immediately after the applicant's previous period of
registration ends or ended; and
(b)
expires at the end of the day that is 12 months after the day it starts.
Division 10—Title and practice protections
Subdivision 1—Title protections
113—Restriction on use of protected titles
(1) A person must not
knowingly or recklessly—
(a) take
or use a title in the Table to this section, in a way that could be reasonably
expected to induce a belief the person is registered under this Law in the
health profession listed beside the title in the Table, unless the person is
registered in the profession; or
(b) take
or use a prescribed title for a health profession, in a way that could be
reasonably expected to induce a belief the person is registered under this Law
in the profession, unless the person is registered in the profession.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
(2) A person must not
knowingly or recklessly—
(a) take
or use a title in the Table in relation to another person (the second person
), in a way that could be reasonably expected to induce a belief the second
person is registered under this Law in the health profession listed beside the
title in the Table, unless the second person is registered in the profession;
or
(b) take
or use a prescribed title for a health profession in relation to another
person (the second person ), in a way that could be reasonably expected to
induce a belief the second person is registered under this Law in the
profession, unless the second person is registered in the profession.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
(3)
Subsections (1) and (2) apply whether or not the title is taken or used
with or without any other words and whether in English or any other language.
Table—Protected titles
Profession |
Title |
---|---|
Aboriginal and Torres Strait Islander Health Practice |
Aboriginal and Torres Strait Islander 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 Radiation Practice |
medical radiation practitioner, diagnostic radiographer, medical imaging
technologist, radiographer, nuclear medicine scientist, nuclear medicine
technologist, radiation therapist |
Midwifery |
midwife, midwife practitioner |
Nursing |
nurse, registered nurse, nurse practitioner, enrolled nurse |
Occupational Therapy |
occupational therapist |
Optometry |
optometrist, optician |
Osteopathy |
osteopath |
Paramedicine |
paramedic |
pharmacist, pharmaceutical chemist | |
Physiotherapy |
physiotherapist, physical therapist |
Podiatry |
podiatrist, chiropodist |
Psychology |
psychologist |
114—Use of title "acupuncturist"
(1) A registered
health practitioner whose registration is endorsed under section 97 by a
National Board as being qualified to practise as an acupuncturist does not
commit an offence against section 113(1)(a) merely because the individual
takes or uses the title "acupuncturist".
(2) A person does not
commit an offence against section 113(2)(a) merely because the person
takes or uses the title "acupuncturist" in relation to another person who is a
registered health practitioner whose registration is endorsed under
section 97 by a National Board as being qualified to practise as an
acupuncturist.
115—Restriction on use of specialist titles
(1) A person must not
knowingly or recklessly take or use—
(a) the
title "dental specialist" unless the person is registered under this Law in a
recognised specialty in the dentists division of the dental profession; or
(b) the
title "medical specialist" unless the person is registered in a recognised
specialty in the medical profession; or
(c) a
specialist title for a recognised specialty unless the person is registered
under this Law in the specialty.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
(2) A person must not
knowingly or recklessly take or use—
(a) the
title "dental specialist" in relation to another person unless the other
person is registered under this Law in a recognised specialty in the dentists
division of the dental profession; or
(b) the
title "medical specialist" in relation to another person unless the person is
registered in a recognised specialty in the medical profession; or
(c) a
specialist title for a recognised specialty in relation to another person
unless the person is registered under this Law in the specialty.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
(3)
Subsection (1) applies whether or not the title is taken or used with or
without any other words and whether in English or any other language.
115A—Claims by persons as to membership of surgical class
(1) A medical
practitioner who is not a member of a surgical class must not knowingly or
recklessly do any of the following—
(a) take
or use the title "surgeon";
(b) take
or use a title, name, initial, symbol, word or description that, having regard
to the circumstances in which it is taken or used, indicates or could be
reasonably understood to indicate the practitioner is a member of a surgical
class;
(c)
claim to be, or hold out as being, a member of a surgical class.
Maximum penalty: $60 000 or 3 years imprisonment or both.
(2) A person must not
knowingly or recklessly do any of the following in relation to a medical
practitioner who is not a member of a surgical class—
(a) take
or use the title "surgeon" in relation to the practitioner;
(b) take
or use a title, name, initial, symbol, word or description that, having regard
to the circumstances in which it is taken or used, indicates or could be
reasonably understood to indicate the practitioner is a member of a surgical
class;
(c)
claim the practitioner is, or hold the practitioner out as being, a member of
a surgical class.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or both; or
(b) in
the case of a body corporate—$120 000.
(3)
Subsections (1)(a) and (2)(a)—
(a)
apply whether or not the title "surgeon" is taken or used with or without any
other words and whether in English or any other language; but
(b) do
not apply to, or in relation to, a medical practitioner who is not a member of
a surgical class if the practitioner—
(i)
holds registration in the dentists division of the dental
profession; or
(ii)
is permitted under this Law, or another law of a State or
Territory, to take or use the title "surgeon" for practising a profession
other than the medical profession.
(4) Before making
regulations prescribing a class of medical practitioner as a surgical class,
the Ministerial Council must have regard to—
(a) any
advice the National Board for the medical profession gives to the Ministerial
Council about prescribing the class; and
(b) the
surgical training required to be undertaken by members of the proposed class.
(5) In this
section—
surgical class means the following classes of medical practitioners—
(a) a
medical practitioner holding specialist registration in the recognised
specialty of surgery;
(b) a
medical practitioner holding specialist registration in the recognised
specialty of obstetrics and gynaecology;
(c) a
medical practitioner holding specialist registration in the recognised
specialty of ophthalmology;
(d) a
medical practitioner holding specialist registration in another recognised
specialty in the medical profession with the word "surgeon" in a specialist
title for the specialty;
(e)
another class of medical practitioner prescribed as a surgical class by
regulations made by the Ministerial Council.
116—Claims by persons as to registration as health practitioner
(1) A person who is
not a registered health practitioner must not knowingly or recklessly—
(a) take
or use the title of "registered health practitioner", whether with or without
any other words; or
(b) take
or use a title, name, initial, symbol, word or description that, having regard
to the circumstances in which it is taken or used, indicates or could be
reasonably understood to indicate—
(i)
the person is a health practitioner; or
(ii)
the person is authorised or qualified to practise in a
health profession; or
(c)
claim to be registered under this Law or hold himself or herself out as being
registered under this Law; or
(d)
claim to be qualified to practise as a health practitioner.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
(2) A person must not
knowingly or recklessly—
(a) take
or use the title of "registered health practitioner", whether with or without
any other words, in relation to another person who is not a registered
health practitioner; or
(b) take
or use a title, name, initial, symbol, word or description that, having regard
to the circumstances in which it is taken or used, indicates or could be
reasonably understood to indicate—
(i)
another person is a health practitioner if the other
person is not a health practitioner; or
(ii)
another person is authorised or qualified to practise in
a health profession if the other person is not a registered
health practitioner in that health profession; or
(c)
claim another person is registered under this Law, or hold the other person
out as being registered under this Law, if the other person is not registered
under this Law; or
(d)
claim another person is qualified to practise as a health practitioner if the
other person is not a registered health practitioner.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
117—Claims by persons as to registration in particular profession or
division
(1) A registered
health practitioner must not knowingly or recklessly—
(a)
claim to be registered under this Law in a health profession or a division of
a health profession in which the practitioner is not registered, or hold
himself or herself out as being registered in a health profession or a
division of a health profession if the person is not registered in that health
profession or division; or
(b)
claim to be qualified to practise as a practitioner in a health profession or
a division of a health profession in which the practitioner is not registered;
or
(c) take
or use any title that could be reasonably understood to induce a belief the
practitioner is registered under this Law in a health profession or a division
of a health profession in which the practitioner is not registered.
(2) A contravention of
subsection (1) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
(3) A person must not
knowingly or recklessly—
(a)
claim another person is registered under this Law in a health profession or a
division of a health profession in which the other person is not registered,
or hold the other person out as being registered in a health profession or a
division of a health profession if the other person is not registered in that
health profession or division; or
(b)
claim another person is qualified to practise as a health practitioner in a
health profession or division of a health profession in which the other person
is not registered; or
(c) take
or use any title in relation to another person that could be reasonably
understood to induce a belief the other person is registered under this Law in
a health profession or a division of a health profession in which the person
is not registered.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
Note—
A contravention of this subsection by a registered health practitioner, or in
some cases by a person who was a registered health practitioner, may also
constitute unprofessional conduct for which health, conduct or performance
action may be taken.
118—Claims by persons as to specialist registration
(1) A person who is
not a specialist health practitioner must not knowingly or recklessly—
(a) take
or use the title of "specialist health practitioner", whether with or without
any other words; or
(b) take
or use a title, name, initial, symbol, word or description that, having regard
to the circumstances in which it is taken or used, indicates or could be
reasonably understood to indicate—
(i)
the person is a specialist health practitioner; or
(ii)
the person is authorised or qualified to practise in a
recognised specialty; or
(c)
claim to be registered under this Law in a recognised specialty or hold
himself or herself out as being registered under this Law in a recognised
specialty; or
(d)
claim to be qualified to practise as a specialist health practitioner.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
(2) A person must not
knowingly or recklessly—
(a) take
or use the title of "specialist health practitioner", whether with or without
any other words, in relation to another person who is not a specialist
health practitioner; or
(b) take
or use a title, name, initial, symbol, word or description in relation to
another person who is not a specialist health practitioner that, having regard
to the circumstances in which it is taken or used, indicates or could be
reasonably understood to indicate—
(i)
the other person is a specialist health practitioner; or
(ii)
the other person is authorised or qualified to practise
in a recognised specialty; or
(c)
claim another person is registered under this Law in a recognised specialty or
hold the other person out as being registered under this Law in a recognised
specialty if the other person is not registered in that recognised specialty;
or
(d)
claim another person is qualified to practise as a specialist health
practitioner if the person is not a specialist health practitioner.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
Note—
A contravention of this section by a registered health practitioner, or in
some cases by a person who was a registered health practitioner, may also
constitute unprofessional conduct for which health, conduct or performance
action may be taken.
119—Claims about type of registration or registration in recognised
specialty
(1) A registered
health practitioner must not knowingly or recklessly—
(a)
claim to hold a type of registration or endorsement under this Law that the
practitioner does not hold or hold himself or herself out as holding a type of
registration or endorsement if the practitioner does not hold that type of
registration; or
(b)
claim to be qualified to hold a type of registration or endorsement the
practitioner does not hold; or
(c)
claim to hold specialist registration under this Law in a recognised specialty
in which the practitioner does not hold specialist registration or hold
himself or herself out as holding specialist registration in a recognised
specialty if the person does not hold specialist registration in that
specialty; or
(d)
claim to be qualified to practise as a specialist health practitioner in a
recognised specialty in which the practitioner is not registered.
(2) A contravention of
subsection (1) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
(3) A person must not
knowingly or recklessly—
(a)
claim another person holds a type of registration or endorsement under this
Law that the other person does not hold or hold the other person out as
holding a type of registration or endorsement if the practitioner does not
hold that type of registration or endorsement; or
(b)
claim another person is qualified to hold a type of registration or
endorsement that the other person does not hold; or
(c)
claim another person holds specialist registration under this Law in a
recognised specialty which the other person does not hold or hold the other
person out as holding specialist registration in a recognised specialty if the
other person does not hold specialist registration in that specialty; or
(d)
claim another person is qualified to practise in a recognised specialty in
which the other person is not registered.
Maximum penalty:
(a) in
the case of an individual—$60 000 or 3 years imprisonment or
both; or
(b) in
the case of a body corporate—$120 000.
Note—
A contravention of this subsection by a registered health practitioner, or in
some cases by a person who was a registered health practitioner, may also
constitute unprofessional conduct for which health, conduct or performance
action may be taken.
120—Registered health practitioner registered on conditions
(1) A registered
health practitioner who is registered on conditions must not knowingly or
recklessly claim, or hold himself or herself out, to be registered without the
conditions or any conditions.
(2) A contravention of
subsection (1) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
Subdivision 2—Practice protections
121—Restricted dental acts
(1) A person must not
carry out a restricted dental act unless the person—
(a) is
registered in the dental profession or medical profession and carries out the
restricted dental act in accordance with any requirements specified in an
approved registration standard; or
(b) is a
student who carries out the restricted dental act in the course of activities
undertaken as part of—
(i)
an approved program of study for the dental profession or
medical profession; or
(ii)
clinical training in the dental profession or medical
profession; or
(c)
carries out the restricted dental act in the course of carrying out technical
work on the written order of a person registered in the dentists or dental
prosthetists division of the dental profession; or
(d) is a
person, or a member of a class of persons, prescribed under a regulation as
being authorised to carry out the restricted dental act or restricted dental
acts generally.
Maximum penalty: $60 000 or 3 years imprisonment or both.
(2) In this
section—
restricted dental act means any of the following acts—
(a)
performing any irreversible procedure on the human teeth or jaw or associated
structures;
(b)
correcting malpositions of the human teeth or jaw or associated structures;
(c)
fitting or intra-orally adjusting artificial teeth or corrective or
restorative dental appliances for a person;
(d)
performing any irreversible procedure on, or the giving of any treatment or
advice to, a person that is preparatory to or for the purpose of fitting,
inserting, adjusting, fixing, constructing, repairing or renewing artificial
dentures or a restorative dental appliance.
technical work means the mechanical construction or the renewal or repair of
artificial dentures or restorative dental appliances.
122—Restriction on prescription of optical appliances
(1) A person must not
prescribe an optical appliance unless—
(a) the
person is an optometrist or medical practitioner; or
(b) the
appliance is spectacles and the person is an orthoptist who—
(i)
prescribes the spectacles in the course of carrying out
duties at a public health facility; or
(ii)
prescribes the spectacles under the supervision of an
optometrist or medical practitioner; or
(iii)
prescribes the spectacles, on the written referral of an
optometrist or medical practitioner, to a person who has had, within the 12
months before the referral, an ocular health examination conducted by an
optometrist or medical practitioner; or
(c) the
person is a person, or a member of a class of persons, prescribed under a
regulation as being authorised to prescribe an optical appliance of that type
or to prescribe optical appliances generally.
Maximum penalty: $60 000 or 3 years imprisonment or both.
(2) In this
section—
optical appliance means—
(a) any
appliance designed to correct, remedy or relieve any refractive abnormality or
defect of sight, including, for example, spectacle lenses; or
(b)
contact lenses, whether or not designed to correct, remedy or relieve any
refractive abnormality or defect of sight.
optometrist means a person registered in the optometry profession.
orthoptist means a person whose name is recorded in the Register of
Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN
095 11 7 678).
123—Restriction on spinal manipulation
(1) A person must not
perform manipulation of the cervical spine unless the person—
(a) is
registered in an appropriate health profession; or
(b) is a
student who performs manipulation of the cervical spine in the course of
activities undertaken as part of—
(i)
an approved program of study in an appropriate health
profession; or
(ii)
clinical training in an appropriate health profession; or
(c) is a
person, or a member of a class of persons, prescribed under a regulation as
being authorised to perform manipulation of the cervical spine.
Maximum penalty: $60 000 or 3 years imprisonment or both.
(2) In this
section—
appropriate health profession means any of the following health
professions—
(a)
chiropractic;
(b)
osteopathy;
(c)
medical;
(d)
physiotherapy.
manipulation of the cervical spine means moving the joints of the cervical
spine beyond a person's usual physiological range of motion using a high
velocity, low amplitude thrust.
123A—Restricted birthing practices
(1) A person must not
carry out a restricted birthing practice unless the person—
(a) is a
medical practitioner; or
(b) is a
midwife; or
(c) is a
student who carries out the restricted birthing practice in the course of
activities undertaken as part of—
(i)
an approved program of study for the medical profession
or the midwifery profession; or
(ii)
clinical training in the medical profession or the
midwifery profession; or
(d) is
acting under the supervision of a medical practitioner or midwife and is
acting in accordance with any standards, codes or guidelines issued by the
National Board established for the relevant profession; or
(e)
without limiting a preceding paragraph—is acting under a form of
delegated authority transferred or conferred by a midwife that is recognised
by the National Board established for the midwifery profession and is made in
accordance with any standards, codes or guidelines issued by that National
Board; or
(f) is
rendering assistance to a woman who is in labour or giving birth to a child,
or who has given birth to a child, where the assistance is provided in an
emergency.
Maximum penalty: $30 000 or imprisonment for 12 months.
(2) In this
section—
midwife means a person registered under this Law in the midwifery profession;
restricted birthing practice means an act that involves undertaking the care
of a woman by managing the 3 stages (or any part of these stages) of
labour or child birth and, for the purposes of this definition, the Minister
may from time to time, on the joint advice of the Medical Board of Australia
and the National Board established for the midwifery profession, by notice in
the Gazette, specify activities that will be conclusively taken to constitute
the management of any part of 1 or more of these stages of labour or
child birth.
Division 11—Miscellaneous
Subdivision 1—Certificates of registration
124—Issue of certificate of registration
(1) This section
applies if—
(a) a
National Board decides to register an individual in a health profession for
which the Board is established; or
(b) a
National Board decides to renew an individual's registration in a health
profession for which the Board is established; or
(c) a
National Board or an adjudication body decides to impose, change or remove a
condition on a registered health practitioner's registration or otherwise
change the practitioner's registration in a material way; or
(d) a
National Board or an adjudication body decides to accept an undertaking from a
registered health practitioner or to change or revoke an undertaking given by
the practitioner; or
(e) a
National Board decides to endorse a health practitioner's registration.
(2) The National Board
must, as soon as practicable after the decision is made, give the registered
health practitioner a certificate of registration in the form decided by the
Board.
(3) A certificate of
registration must include the following—
(a) the
name of the registered health practitioner;
(b) the
type of registration granted and, if the registration is endorsed, the type of
endorsement granted;
(c) the
date the registration or endorsement was granted;
(d) the
division of the register, if any, in which the practitioner is registered;
(e) any
condition to which the registration or endorsement is subject;
(f) any
undertaking given by the practitioner to the National Board;
(g) the
date the registration expires;
(h) any
other information the Board considers appropriate.
Subdivision 2—Review of conditions and undertakings
125—Changing or removing conditions or undertaking on application by
registered health practitioner or student
(1) A registered
health practitioner or student may apply to a National Board established for
the practitioner's or student's health profession—
(a) for
a registered health practitioner—
(i)
to change or remove a condition imposed on the
practitioner's registration or endorsement; or
(ii)
to change or revoke an undertaking given by the
practitioner; or
(b) for
a student—
(i)
to change or remove a condition imposed on the student's
registration; or
(ii)
to change or revoke an undertaking given by the student
to the Board.
(2) However, the
registered health practitioner or student may not make an application—
(a)
during a review period applying to the condition or undertaking, unless the
practitioner or student reasonably believes there has been a material change
in the practitioner's or student's circumstances; or
(b) for
a condition imposed by an adjudication body for a co-regulatory jurisdiction,
unless the adjudication body decided, when imposing the condition or at a
later time, that this Subdivision applied to the condition.
(3) An application
under subsection (1) must—
(a) be
in the form approved by the National Board; and
(b) be
accompanied by any other information reasonably required by the Board.
(4) For the purposes
of deciding the application, the National Board may exercise a power under
section 80 as if the application were an application for registration as
a registered health practitioner.
(5) The National Board
must decide to grant the application or refuse to grant the application.
(6) If the National
Board's decision results in the registration or endorsement being subject to a
condition, or an undertaking is still in place, the Board may decide a review
period for the condition or undertaking.
(6A) As soon as
practicable after making the decision under subsection (5), the National
Board must give written notice to the registered health practitioner or
student of—
(a) the
decision; and
(b) if
the Board has decided a review period for a condition or
undertaking—details of the review period.
(7) If the National
Board decides to refuse to grant the application, the notice must state—
(a) the
decision made by the Board; and
(b) that
the registered health practitioner or student may appeal against the decision;
and
(c) how
an application for appeal may be made and the period within which the
application must be made.
126—Changing conditions on Board's initiative
(1) This section
applies if a National Board established for a health profession reasonably
believes it is necessary to change a condition imposed on—
(a) for
a registered health practitioner registered in the health profession—the
practitioner's registration or endorsement; or
(b) for
a student registered in the health profession—the student's
registration.
(2) The National Board
must give the registered health practitioner or student a written notice
stating—
(a) that
the Board proposes to change the condition; and
(b) how
the Board proposes to change the condition; and
(c) the
reason for the proposed change; and
(d) that
the practitioner or student may, within 30 days after receipt of the notice,
make written or verbal submissions to the Board about why the condition should
not be changed.
(3) However, the
condition may not be changed—
(a)
during a review period applying to the condition, unless the National Board
reasonably believes there has been a material change in the registered
health practitioner's or student's circumstances; or
(b) if
the condition was imposed by an adjudication body for a co-regulatory
jurisdiction, unless the adjudication body decided, when imposing the
condition or at a later time, that this Subdivision applied to the condition.
(4) The registered
health practitioner or student may make written or verbal submissions about
the proposed change to the condition as stated in the notice.
(5) The National Board
must consider any submissions made under subsection (4) and decide
whether or not to change the condition.
(6) If the National
Board's decision results in the registration or endorsement being subject to a
condition, the Board may decide a review period for the condition.
(6A) As soon as
practicable after making the decision under subsection (5), the National
Board must give written notice to the registered health practitioner or
student of—
(a) the
decision; and
(b) if
the Board has decided a review period for a condition—details of the
review period.
(7) If the National
Board decides to change the condition, the notice must state—
(a) the
decision made by the Board; and
(b) that
the registered health practitioner or student may appeal against the decision;
and
(c) how
an application for appeal may be made and the period within which the
application must be made.
127—Removal of condition or revocation of undertaking
(1) This section
applies if a National Board established for a health profession reasonably
believes the following is no longer necessary—
(a) for
a registered health practitioner registered in the health profession—
(i)
a condition imposed on the practitioner's registration or
endorsement; or
(ii)
an undertaking given to the Board by the practitioner;
(b) for
a student registered in the health profession—
(i)
a condition imposed on the student's registration; or
(ii)
an undertaking given to the Board by the student.
(2) The National Board
may decide to remove the condition or revoke the undertaking.
(3) However, the
condition or undertaking may not be removed or revoked—
(a)
during a review period applying to the condition or undertaking, unless the
National Board reasonably believes there has been a material change in the
registered health practitioner's or student's circumstances; or
(b) for
a condition imposed by an adjudication body for a co-regulatory jurisdiction,
unless the adjudication body decided, when imposing the condition, that this
Subdivision applied to the condition.
(4) As soon as
practicable after making the decision the National Board must give notice of
the decision to the registered health practitioner or student.
(5) The decision takes
effect on the date stated in the notice.
127A—When matters under this Subdivision may be decided by review body
of a co-regulatory jurisdiction
(1) This section
applies if—
(a) a
condition has been imposed on a registered health practitioner's or student's
registration or endorsement, or an undertaking has been given by the
practitioner or student; and
(b) a
change or removal of the condition, or change or revocation of the
undertaking, would usually be decided under this Subdivision; and
(c) the
National Board that imposed the condition, or to which the undertaking was
given, considers the change or removal, or change or revocation, should be
decided by a review body of a co-regulatory jurisdiction.
(2) The National Board
may—
(a)
decide that any change or removal, or change or revocation, may be decided by
the review body of a co-regulatory jurisdiction; and
(b) give
any relevant documents or information held by the Board to the review body.
(3) If a review body
of a co-regulatory jurisdiction agrees to decide a matter instead of the
Board, the review body must decide the matter under the laws of that
jurisdiction.
(4) In this
section—
review body means an entity declared by an Act or regulation of a
co-regulatory jurisdiction to be a review body for this section.
Subdivision 3—Obligations of registered health practitioners and
students
128—Continuing professional development
(1) A registered
health practitioner must undertake the continuing professional development
required by an approved registration standard for the health profession in
which the practitioner is registered.
(2) A contravention of
subsection (1) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
(3) In this
section—
registered health practitioner does not include a registered
health practitioner who holds non-practising registration in the profession.
129—Professional indemnity insurance arrangements
(1) A registered
health practitioner must not practise the health profession in which the
practitioner is registered unless appropriate professional indemnity insurance
arrangements are in force in relation to the practitioner's practice of the
profession.
(2) A National Board
may, at any time by written notice, require a registered health practitioner
registered in a health profession for which the Board is established to give
the Board evidence of the appropriate professional indemnity insurance
arrangements that are in force in relation to the practitioner's practice of
the profession.
(3) A registered
health practitioner must not, without reasonable excuse, fail to comply with a
written notice given to the practitioner under subsection (2).
(4) A contravention of
subsection (1) or (3) by a registered health practitioner does not
constitute an offence but may constitute behaviour for which health, conduct
or performance action may be taken.
(5) In this
section—
registered health practitioner does not include a registered
health practitioner who holds non-practising registration in the profession.
130—Registered health practitioner or student to give National Board
notice of certain events
(1) A registered
health practitioner or student must, within 7 days after becoming aware that a
relevant event has occurred in relation to the practitioner or student, give
the National Board established for the practitioner's or student's health
profession written notice of the event.
(2) A contravention of
subsection (1) by a registered health practitioner or student does not
constitute an offence but may constitute behaviour for which health, conduct
or performance action may be taken.
(2A) To avoid doubt, a
registered health practitioner is not required to give the National Board
written notice of an event within the meaning of paragraphs (e)
or (f) of the definition of relevant event if the notification is
prohibited by the Health Insurance Act 1973 of the Commonwealth.
(3) In this
section—
relevant event , in relation to a registered health practitioner, means—
(a) the
practitioner is charged with—
(i)
a scheduled medicine offence; or
(ii)
an offence punishable by 12 months imprisonment or
more, whether in a participating jurisdiction or elsewhere; or
(b) the
practitioner is convicted of or is the subject of a finding of guilt
for—
(i)
a scheduled medicine offence; or
(ii)
an offence punishable by imprisonment, whether in a
participating jurisdiction or elsewhere; or
(c)
appropriate professional indemnity insurance arrangements are no longer in
place in relation to the practitioner's practice of the profession; or
(d) the
practitioner's right to practise at a hospital or another facility at which
health services are provided is withdrawn or restricted because of the
practitioner's conduct, professional performance or health; or
(e) the
practitioner is disqualified under an agreement under section 92 of the
Health Insurance Act 1973 of the Commonwealth because of the
practitioner's conduct, professional performance or health; or
(f) the
practitioner is subject to a final determination under section 106TA of
the Health Insurance Act 1973 of the Commonwealth that contains a
direction under section 106U(1)(g) or (h) of that Act that the
practitioner be disqualified because of the practitioner's conduct,
professional performance or health; or
(g) the
practitioner's authority under a law of a State or Territory to administer,
obtain, possess, prescribe, sell, supply or use a scheduled medicine or class
of scheduled medicines is cancelled or restricted; or
(h) a
complaint is made about the practitioner to an entity referred to in
section 219(1)(a) to (e); or
(i)
the practitioner's registration under the law of another
country that provides for the registration of health practitioners is
suspended or cancelled or made subject to a condition or another restriction.
relevant event , in relation to a student, means—
(a) the
student is charged with—
(i)
a scheduled medicine offence; or
(ii)
an offence punishable by 12 months imprisonment or
more, whether in a participating jurisdiction or elsewhere; or
(b) the
student is convicted of or is the subject of a finding of guilt for—
(i)
a scheduled medicine offence; or
(ii)
an offence punishable by imprisonment, whether in a
participating jurisdiction or elsewhere; or
(c) the
student's registration under the law of another country that provides for the
registration of students has been suspended or cancelled.
scheduled medicine offence means an offence against a law of a participating
jurisdiction—
(a)
if—
(i)
the law regulates the authority of registered
health practitioners or students to administer, obtain, possess, prescribe,
sell, supply or use scheduled medicines; and
(ii)
the offence relates to registered health practitioners or
students administering, obtaining, possessing, prescribing, selling, supplying
or using scheduled medicines; but
(b) does
not include an offence declared or prescribed by a law of the jurisdiction not
to be a scheduled medicine offence for the purposes of this Law.
131—Change in principal place of practice, address or name
(1) A registered
health practitioner must, within 30 days of any of the following changes
happening, give the National Board established for the practitioner's health
profession written notice of the change and any evidence providing proof of
the change required by the Board—
(a) a
change in the practitioner's principal place of practice;
(b) a
change in the address provided by the registered health practitioner as the
address the Board should use in corresponding with the practitioner;
(c) a
change in the practitioner's name.
(2) A contravention of
subsection (1) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
132—National Board may ask registered health practitioner for practice
information
(1) A National Board
may, at any time by written notice given to a health practitioner registered
in a health profession for which the Board is established, ask the
practitioner to give the Board a written notice containing practice
information for the practitioner.
(2) The registered
health practitioner must not, without reasonable excuse, fail to comply with
the notice from the Board.
(3) A contravention of
subsection (2) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
practice information , for a registered health practitioner practising in the
health profession for which the practitioner is registered, means each of the
following, as it applies to the current practice, and all previous practices,
of the profession by the practitioner—
(a) if
the practitioner is, or was, self-employed—
(i)
that the practitioner is, or was, self-employed; and
(ii)
the address of each of the premises at which the
practitioner practises, or practised; and
(iii)
if the practitioner practises, or practised, under a
business name or names—each business name; and
(iv)
if the practitioner shares, or shared, premises and the
cost of the premises with other registered health practitioners—the
names of the other registered health practitioners;
(b) if
the practitioner has, or had, a practice arrangement with one or more
entities—the name, address and contact details of each entity;
Example of practice arrangement—
A physiotherapist practises, or practised, physiotherapy as a volunteer at a
sporting club or charity under an arrangement with that entity.
(c) if
the practitioner practises, or practised, under a name or names that are not
the same as the name under which the practitioner is registered under this
Law—the other name or names.
premises at which the practitioner practises does not include the residential
premises of a patient of the practitioner.
Subdivision 4—Advertising
133—Advertising
(1) A person must not
advertise a regulated health service, or a business that provides a regulated
health service, in a way that—
(a) is
false, misleading or deceptive or is likely to be misleading or deceptive; or
(b)
offers a gift, discount or other inducement to attract a person to use the
service or the business, unless the advertisement also states the terms and
conditions of the offer; or
(c) uses
testimonials or purported testimonials about the service or business; or
(d)
creates an unreasonable expectation of beneficial treatment; or
(e)
directly or indirectly encourages the indiscriminate or unnecessary use of
regulated health services.
Maximum penalty:
(a) in
the case of an individual—$60 000; or
(b) in
the case of a body corporate—$120 000.
(2) A person does not
commit an offence against subsection (1) merely because the person, as
part of the person's business, prints or publishes an advertisement for
another person.
(3) In proceedings for
an offence against this section, a court may have regard to a guideline
approved by a National Board about the advertising of regulated
health services.
(4) In this
section—
regulated health service means a service provided by, or usually provided by,
a health practitioner.
Subdivision 5—Board's powers to check identity and criminal history
134—Evidence of identity
(1) A National Board
may, at any time, require a registered health practitioner to provide evidence
of the practitioner's identity.
(2) A requirement
under subsection (1) must be made by written notice given to the
registered health practitioner.
(3) The registered
health practitioner must not, without reasonable excuse, fail to comply with
the notice.
(4) A contravention of
subsection (3) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which health, conduct or performance
action may be taken.
(5) If a registered
health practitioner gives a National Board a document as evidence of the
practitioner's identity under this section, the Board may, by written notice,
ask the entity that issued the document—
(a) to
confirm the validity of the document; or
(b) to
give the Board other information relevant to the practitioner's identity.
(6) An entity given a
notice under subsection (5) is authorised to provide the information
requested.
135—Criminal history check
(1) A National Board
may, at any time, obtain a written report about a registered health
practitioner's criminal history from any of the following—
(a) ACC;
(b) a
police commissioner;
(c) an
entity in a jurisdiction outside Australia that has access to records about
the criminal history of persons in that jurisdiction.
(2) Without limiting
subsection (1), a report may be obtained under that subsection—
(a) to
check a statement made by a registered health practitioner in the
practitioner's application for renewal of registration; or
(b) as
part of an audit carried out by a National Board, to check statements made by
registered health practitioners.
(3) A criminal history
law does not apply to a report under subsection (1).
Subdivision 6—General
136—Directing or inciting unprofessional conduct or professional
misconduct
(1) A person must not
direct or incite a registered health practitioner to do anything, in the
course of the practitioner's practice of the health profession, that amounts
to unprofessional conduct or professional misconduct.
Maximum penalty:
(a) in
the case of an individual—$60 000; or
(b) in
the case of a body corporate—$120 000.
(2)
Subsection (1) does not apply to a person who is the owner or operator of
a public health facility.
137—Surrender of registration
(1) A registered
health practitioner may, by written notice given to the National Board
established for the practitioner's health profession, surrender the
practitioner's registration.
(2) The surrender of
the registration takes effect on—
(a) the
day the National Board receives the notice under subsection (1); or
(b) the
later day stated in the notice.
Part 8—Health, performance and conduct
Division 1—Preliminary
138—Application of Part to persons who are registered
health practitioners
(1) A notification may
be made under this Part about, and proceedings may be taken under this Part
against, a person who is a registered health practitioner in relation to
behaviour that—
(a)
occurs while the practitioner is registered in a health profession under this
Law; or
(b)
occurred before the practitioner was registered in a health profession under
this Law; or
(c)
occurred during any other period in which the practitioner was not registered
in a health profession under this Law, including, for example, if the
registration had ended or was cancelled, suspended or withdrawn.
(2) A registered
health practitioner's behaviour that occurred at a time specified in
subsection (1)(b)) or (c) may not constitute—
(a)
unsatisfactory professional performance; or
(b)
unprofessional conduct, except as provided by section 139.
139—Proceedings in relation to practitioner's behaviour while
temporarily unregistered
(1) This section
applies if—
(a)
proceedings are taken under this Part against a person who is a registered
health practitioner; and
(b) the
panel or tribunal is satisfied the behaviour to which the proceedings relate
occurred—
(i)
after the practitioner's registration ended under
section 108(2)(a); and
(ii)
while the practitioner continued to practise the health
profession.
(2) The proceedings
may be taken and findings may be made as if the practitioner were registered
at the time the behaviour occurred.
(3)
Subsection (2) does not prevent a finding of unprofessional conduct on
the basis the person was contravening a provision of Division 10 of
Part 7, whether or not the person has been prosecuted for, or convicted
of, an offence in relation to the contravention.
(4) In this
section—
behaviour includes—
(a)
continuing to take or use a title protected under Subdivision 1 of
Division 10 of Part 7 for a health profession; or
(b)
continuing to undertake a practice protected under Subdivision 2 of
Division 10 of Part 7 for a health profession.
139A—Application of Part to persons who were registered
health practitioners
(1) This section
applies to a person who was, but is no longer, registered in a health
profession under this Law.
(2) A notification may
be made under this Part about, and proceedings may be taken under this Part
against, the person as if the person were still registered in a health
profession under this Law in relation to behaviour that occurred while the
person was registered.
(3) For the purposes
of subsection (2), this Part (other than Divisions 2 and 6)
applies, with any necessary changes, to the person as if a reference to a
registered health practitioner included that person.
139B—Application of Part to persons who were registered under
corresponding prior Act
(1) This section
applies to a person who—
(a) was
registered in a health profession under a corresponding prior Act; and
(b) is
not, and has not been, registered in a health profession under this Law.
(2) A notification may
be made under this Part about, and proceedings may be taken under this Part
against, the person as if the person were registered in a health profession
under this Law in relation to behaviour that occurred while the person was
registered under the corresponding prior Act.
(3) However,
subsection (2) applies only to the extent—
(a) a
notification about the person's behaviour could have been made under the
corresponding prior Act; and
(b)
proceedings could have been taken under the corresponding prior Act.
(4) For the purposes
of subsection (2), this Part (other than Divisions 2 and 7)
applies, with any necessary changes, to the person as if a reference to a
registered health practitioner included that person.
Division 2—Mandatory notifications
140—Definition of notifiable conduct
In this Division—
notifiable conduct , in relation to a registered health practitioner,
means—
(a)
practising the practitioner's profession while intoxicated by alcohol or
drugs; or
(b)
engaging in sexual misconduct in connection with the practice of the
practitioner's profession; or
(c)
placing the public at risk of substantial harm in the practitioner's practice
of the profession because the practitioner has an impairment; or
(d)
placing the public at risk of harm by practising the profession in a way that
constitutes a significant departure from accepted professional standards.
141—Mandatory notifications by health practitioners other than treating
practitioners
(1) This section
applies to a registered health practitioner (the first health practitioner )
who, in the course of practising the first health practitioner's profession,
forms a reasonable belief that—
(a)
another registered health practitioner (the second health practitioner ) has
behaved in a way that constitutes notifiable conduct; or
(b) a
student has an impairment that, in the course of the student undertaking
clinical training, may place the public at substantial risk of harm.
(2) The first
health practitioner must, as soon as practicable after forming the reasonable
belief, notify the National Agency of the second health practitioner's
notifiable conduct or the student's impairment.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who, in good faith, make a notification
under this Law. Section 237(3) provides that the making of a notification
does not constitute a breach of professional etiquette or ethics or a
departure from accepted standards of professional conduct and nor is any
liability for defamation incurred.
(2A) However,
subsection (2) does not apply if the first health practitioner forms the
reasonable belief in the course of providing a health service to the second
health practitioner or student.
(3) A contravention of
subsection (2) by a registered health practitioner does not constitute an
offence but may constitute behaviour for which action may be taken under this
Part.
(4) For the purposes
of subsection (1), the first health practitioner does not form the
reasonable belief in the course of practising the profession if—
(a) the
first health practitioner—
(i)
is employed or otherwise engaged by an insurer that
provides professional indemnity insurance that relates to the second
health practitioner or student; and
(ii)
forms the reasonable belief the second
health practitioner has behaved in a way that constitutes notifiable conduct,
or the student has an impairment, as a result of a disclosure made by a person
to the first health practitioner in the course of a legal proceeding or the
provision of legal advice arising from the insurance policy; or
(b) the
first health practitioner forms the reasonable belief in the course of
providing advice in relation to the notifiable conduct or impairment for the
purposes of a legal proceeding or the preparation of legal advice; or
(c) the
first health practitioner is a legal practitioner and forms the reasonable
belief in the course of providing legal services to the second health
practitioner or student in relation to a legal proceeding or the preparation
of legal advice in which the notifiable conduct or impairment is an issue; or
(d) the
first health practitioner—
(i)
forms the reasonable belief in the course of exercising
functions as a member of a quality assurance committee, council or other body
approved or authorised under an Act of a participating jurisdiction; and
(ii)
is unable to disclose the information that forms the
basis of the reasonable belief because a provision of that Act prohibits the
disclosure of the information; or
(e) the
first health practitioner knows, or reasonably believes, the National Agency
has been notified of the notifiable conduct or impairment that forms the basis
of the reasonable belief.
141A—Mandatory notifications by treating practitioners of sexual
misconduct
(1) This section
applies to a registered health practitioner (the treating practitioner ) who,
in the course of providing a health service to another registered
health practitioner (the second health practitioner ), forms a reasonable
belief that the second health practitioner has engaged, is engaging, or is at
risk of engaging, in sexual misconduct in connection with the practice of the
practitioner's profession.
(2) The treating
practitioner must, as soon as practicable after forming the reasonable belief,
notify the National Agency of the second health practitioner's conduct that
forms the basis of the reasonable belief.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who, in good faith, make a notification
under this Law.
(3) A contravention of
subsection (2) by the treating practitioner does not constitute an
offence but may constitute behaviour for which action may be taken under this
Part.
(4) This section
applies subject to section 141C.
141B—Mandatory notifications by treating practitioners of substantial
risk of harm to public
(1)
Subsection (2) applies to a registered health practitioner (the treating
practitioner ) who, in the course of providing a health service to another
registered health practitioner (the second health practitioner ), forms a
reasonable belief that the second health practitioner is placing the public at
substantial risk of harm by practising the profession—
(a)
while the practitioner has an impairment; or
(b)
while intoxicated by alcohol or drugs; or
(c) in a
way that constitutes a significant departure from accepted professional
standards.
(2) The treating
practitioner must, as soon as practicable after forming the reasonable belief,
notify the National Agency of the second health practitioner's conduct that
forms the basis of the reasonable belief.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who, in good faith, make a notification
under this Law.
(3)
Subsection (4) applies to a registered health practitioner (also the
treating practitioner ) who, in the course of providing a health service to a
student, forms a reasonable belief that the student has an impairment that, in
the course of the student undertaking clinical training, may place the public
at substantial risk of harm.
(4) The treating
practitioner must, as soon as practicable after forming the reasonable belief,
notify the National Agency of the student's impairment.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who, in good faith, make a notification
under this Law.
(5) In considering
whether the public is being, or may be, placed at substantial risk of harm,
the treating practitioner may consider the following matters relating to an
impairment of the second health practitioner or student—
(a) the
nature, extent and severity of the impairment;
(b) the
extent to which the second health practitioner or student is taking, or is
willing to take, steps to manage the impairment;
(c) the
extent to which the impairment can be managed with appropriate treatment;
(d) any
other matter the treating practitioner considers is relevant to the risk of
harm the impairment poses to the public.
(6) A contravention of
subsection (2) or (4) by the treating practitioner does not constitute an
offence but may constitute behaviour for which action may be taken under this
Part.
(7) This section
applies subject to section 141C.
141C—When practitioner does not form reasonable belief in course of
providing health service
(1) This section
applies if a registered health practitioner (the first health practitioner )
forms a reasonable belief about—
(a) a
matter, relating to another registered health practitioner (the second
health practitioner ), mentioned in section 141A(1) or 141B(1); or
(b) a
matter, relating to a student, mentioned in section 141B(3).
(2) For this Division,
the first health practitioner is taken not to form the reasonable belief in
the course of providing a health service to the second health practitioner or
student if—
(a) the
first health practitioner—
(i)
is employed or otherwise engaged by an insurer that
provides professional indemnity insurance that relates to the second
health practitioner or student; and
(ii)
forms the reasonable belief about the matter as a result
of a disclosure made by a person to the first health practitioner in the
course of a legal proceeding or the provision of legal advice arising from the
insurance policy; or
(b) the
first health practitioner forms the reasonable belief in the course of
providing advice in relation to the matter for the purposes of a legal
proceeding or the preparation of legal advice; or
(c) the
first health practitioner is a legal practitioner and forms the reasonable
belief in the course of providing legal services to the second health
practitioner or student in relation to a legal proceeding or the preparation
of legal advice in which the matter is an issue; or
(d) the
first health practitioner—
(i)
forms the reasonable belief in the course of exercising
functions as a member of a quality assurance committee, council or other body
approved or authorised under an Act of a participating jurisdiction; and
(ii)
is unable to disclose the information that forms the
basis of the reasonable belief because a provision of that Act prohibits the
disclosure of the information; or
(e) the
first health practitioner knows, or reasonably believes, the National Agency
has been notified of the matter that forms the basis of the reasonable belief.
142—Mandatory notifications by employers
(1) If an employer of
a registered health practitioner reasonably believes the health practitioner
has behaved in a way that constitutes notifiable conduct, the employer must
notify the National Agency of the notifiable conduct.
Example—
An employer takes action against a registered health practitioner by
withdrawing or restricting the practitioner's clinical privileges at a
hospital because the employer reasonably believes the public is at risk of
harm by the practitioner practising the profession in a way that constitutes a
significant departure from accepted professional standards—see
paragraph (d) of the definition of notifiable conduct in
section 140. The employer must notify the National Agency of the
notifiable conduct.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who, in good faith, make a notification
under this Law. Section 237(3) provides that the making of a notification
does not constitute a breach of professional etiquette or ethics or a
departure from accepted standards of professional conduct and nor is any
liability for defamation incurred.
(2) If the National
Agency becomes aware that an employer of a registered health practitioner has
failed to notify the Agency of notifiable conduct as required by
subsection (1), the Agency must give a written report about the failure
to the responsible Minister for the participating jurisdiction in which the
notifiable conduct occurred.
(3) As soon as
practicable after receiving a report under subsection (2), the
responsible Minister must report the employer's failure to notify the Agency
of the notifiable conduct to a health complaints entity, the employer's
licensing authority or another appropriate entity in that participating
jurisdiction.
(4) In this
section—
employer , of a registered health practitioner, means an entity that employs
the health practitioner under a contract of employment or a contract for
services.
licensing authority , of an employer, means an entity that under a law of a
participating jurisdiction is responsible for licensing, registering or
authorising the employer to conduct the employer's business.
143—Mandatory notification by education providers
(1) An education
provider must notify the National Agency if the provider reasonably
believes—
(a) a
student enrolled in a program of study provided by the provider has an
impairment that, in the course of the student undertaking clinical training as
part of the program of study, may place the public at substantial risk of
harm; or
(b) a
student for whom the education provider has arranged clinical training has an
impairment that, in the course of the student undertaking the clinical
training, may place the public at substantial risk of harm.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who make a notification under this Law.
Section 237(3) provides that the making of a notification does not
constitute a breach of professional etiquette or ethics or a departure from
accepted standards of professional conduct and nor is any liability for
defamation incurred.
(2) A contravention of
subsection (1) does not constitute an offence.
(3) However, if an
education provider does not comply with subsection (1)—
(a) the
National Board established for the student's health profession must publish
details of the failure on the Board's website; and
(b) the
National Agency may, on the recommendation of the National Board, include a
statement about the failure in the Agency's annual report.
Division 3—Voluntary notifications
144—Grounds for voluntary notification
(1) A voluntary
notification about a registered health practitioner may be made to the
National Agency on any of the following grounds—
(a) that
the practitioner's professional conduct is, or may be, of a lesser standard
than that which might reasonably be expected of the practitioner by the public
or the practitioner's professional peers;
(b) that
the knowledge, skill or judgment possessed, or care exercised by, the
practitioner in the practice of the practitioner's health profession is, or
may be, below the standard reasonably expected;
(c) that
the practitioner is not, or may not be, a suitable person to hold registration
in the health profession, including, for example, that the practitioner is not
a fit and proper person to be registered in the profession;
(d) that
the practitioner has, or may have, an impairment;
(e) that
the practitioner has, or may have, contravened this Law;
(f) that
the practitioner has, or may have, contravened a condition of the
practitioner's registration or an undertaking given by the practitioner to a
National Board;
(g) that
the practitioner's registration was, or may have been, improperly obtained
because the practitioner or someone else gave the National Board information
or a document that was false or misleading in a material particular.
(2) A voluntary
notification about a student may be made to the National Agency on the grounds
that—
(a) the
student has been charged with an offence, or has been convicted or found
guilty of an offence, that is punishable by 12 months imprisonment or more; or
(b) the
student has, or may have, an impairment; or
(c) that
the student has, or may have, contravened a condition of the student's
registration or an undertaking given by the student to a National Board.
145—Who may make voluntary notification
Any entity that believes that a ground on which a voluntary notification may
be made exists in relation to a registered health practitioner or a student
may notify the National Agency.
Note—
See section 237 which provides protection from civil, criminal and
administrative liability for persons who, in good faith, make a notification
under this Law.
Division 4—Making a notification
146—How notification is made
(1) A notification may
be made to the National Agency—
(a)
verbally, including by telephone; or
(b) in
writing, including by email or other electronic means.
(2) A notification
must include particulars of the basis on which it is made.
(3) If a notification
is made verbally, the National Agency must make a record of the notification.
147—National Agency to provide reasonable assistance to notifier
(1) The National
Agency must, if asked by an entity, give the entity reasonable assistance to
make a notification about a registered health practitioner or student.
(2) Without limiting
subsection (1), the National Agency may assist an entity to make a
notification if—
(a) the
entity is not able to put the entity's notification in writing without
assistance; or
(b) the
entity needs assistance to clarify the nature of the individual's
notification.
Division 5—Preliminary assessment
148—Referral of notification to National Board or co-regulatory
authority
(1) Subject to
subsections (2) and (3), the National Agency must, as soon as practicable
after receiving a notification about a registered health practitioner or a
student, refer the notification to the National Board established for the
practitioner's or student's health profession.
(2) If the behaviour
that is the basis for the ground for the notification occurred, or is
reasonably believed to have occurred, in a co-regulatory jurisdiction, the
National Agency—
(a) must
not deal with the notification; and
(b)
must, as soon as practicable after receiving the notification, refer the
notification to the co-regulatory authority for the co-regulatory
jurisdiction.
(3) If the behaviour
that is the basis for the ground for the notification occurred, or is
reasonably believed to have occurred, in more than one jurisdiction and one of
the jurisdictions is a co-regulatory jurisdiction, the National Agency
must—
(a) if
the registered health practitioner's principal place of practice is in the
co-regulatory jurisdiction, refer the notification under subsection (2);
or
(b)
otherwise, refer the notification under subsection (1).
149—Preliminary assessment
(1) A National Board
must, within 60 days after receipt of a notification, conduct a preliminary
assessment of the notification and decide—
(a)
whether or not the notification relates to a person who is a
health practitioner or a student registered in a health profession for which
the Board is established; and
(b)
whether or not the notification relates to a matter that is a ground for
notification; and
(c) if
the notification is a notification referred to in paragraphs (a) and (b),
whether or not it is a notification that could also be made to a health
complaints entity.
(2) Without limiting
subsection (1)(b), the National Board may decide the notification relates
to a matter that is a ground for notification under section 144 on the
basis of—
(a) a
single notification about a person; or
(b) a
number of notifications about a person including—
(i)
a number of notifications that suggest a pattern of
conduct; and
(ii)
notifications made to a health complaints entity.
(3) If the National
Board decides the notification relates to a person who is not registered in a
health profession for which the Board is established but the Board reasonably
suspects the person is registered in a health profession for which another
National Board is established, the Board must refer the notification to that
other Board.
149A—Power to require information
(1) For the purpose of
conducting the preliminary assessment of a notification, a National Board may,
by written notice given to a person, require the person to give specified
information or produce specified documents to the Board within a specified
reasonable time and in a specified reasonable way.
(2) The person must
comply with the notice unless the person has a reasonable excuse.
Maximum penalty:
(a) in
the case of an individual—$5 000; or
(b) in
the case of a body corporate—$10 000.
(3) Without limiting
subsection (2), it is a reasonable excuse for an individual not to give
information or produce a document if giving the information or producing the
document might tend to incriminate the individual.
149B—Inspection of documents
(1) If a document is
produced to a National Board, the Board may—
(a)
inspect the document; and
(b) make
a copy of, or take an extract from, the document; and
(c) keep
the document while it is necessary for the preliminary assessment of a
notification.
(2) If the National
Board keeps the document, the Board must permit a person otherwise entitled to
possession of the document to inspect, make a copy of, or take an extract
from, the document at the reasonable time and in the reasonable way decided by
the Board.
150—Relationship with health complaints entity
(1) If the subject
matter of a notification would also provide a ground for a complaint to a
health complaints entity under a law of a participating jurisdiction, the
National Board that received the notification must, as soon as practicable
after its receipt—
(a)
notify the health complaints entity that the Board has received the
notification; and
(b) give
to the health complaints entity—
(i)
a copy of the notification or, if the notification was
not made in writing, a copy of the National Agency's record of the details of
the notification; and
(ii)
any other information the Board has that is relevant to
the notification.
(2) If a health
complaints entity receives a complaint about a health practitioner, the health
complaints entity must, as soon as practicable after its receipt—
(a)
notify the National Board established for the practitioner's health profession
that the health complaints entity has received the complaint; and
(b) give
to the National Board—
(i)
a copy of the complaint or, if the complaint was not made
in writing, a copy of the health complaints entity's record of the details of
the complaint; and
(ii)
any other information the health complaints entity has
that is relevant to the complaint.
(3) The National Board
and the health complaints entity must attempt to reach agreement about how the
notification or complaint is to be dealt with, including—
(a)
whether the Board is to deal with the notification or complaint, or part of
the notification or complaint, or to decide to take no further action in
relation to it; and
(b) if
the Board is to deal with the notification or complaint or part of the
notification or complaint, the action the Board is to take.
(4) If the National
Board and the health complaints entity are not able to reach agreement on how
the notification or complaint, or part of the notification or complaint, is to
be dealt with, the most serious action proposed by either must be taken.
(5) If an
investigation, conciliation or other action taken by a health complaints
entity raises issues about the health, conduct or performance of a registered
health practitioner, the health complaints entity must give the National Board
established for the practitioner's health profession written notice of the
issues.
(6) If a notification,
or part of a notification, received by a National Board is referred to a
health complaints entity, the Board may decide to take no further action in
relation to the notification or the part of the notification until the entity
gives the Board written notice that the entity has finished dealing with it.
(7) If a National
Board or an adjudication body takes health, conduct or performance action in
relation to a registered health practitioner, the Board established for the
practitioner's health profession must give written notice of the action to the
health complaints entity for the participating jurisdiction in which the
behaviour that provided the basis for the action occurred.
(8) A written notice
under subsection (5) or (7) must include—
(a)
sufficient particulars to identify the registered health practitioner; and
(b)
details of—
(i)
the issues raised about the health, conduct or
performance of the registered health practitioner; or
(ii)
the health, conduct or performance action taken in
relation to the registered health practitioner.
150A—Referral to other entities
(1) If, after
conducting the preliminary assessment of a notification, the National Board
decides the subject matter, or part of the subject matter, of the notification
may be dealt with by another entity, the Board may refer the notification or
part of the notification to the other entity.
(2) A decision by the
National Board to refer a notification or part of a notification to another
entity does not prevent the Board from continuing to deal with the
notification or part of the notification.
(3) If the National
Board decides to refer a notification or part of a notification to another
entity, it must give the other entity—
(a) a
copy of the notification or, if the notification was not made in writing, a
copy of the Board's record of the details of the notification; and
(b) any
other information the Board has that is relevant to the notification.
(4) The National Board
may ask the other entity to give the Board information about how the subject
matter of the notification or the part of the notification was resolved.
(5) The other entity
may provide the information requested by the National Board.
151—When National Board may decide to take no further action
(1) A National Board
may decide to take no further action in relation to a notification if—
(a) the
Board reasonably believes the notification is frivolous, vexatious,
misconceived or lacking in substance; or
(b)
given the amount of time that has elapsed since the matter the subject of the
notification occurred, it is not practicable for the Board to investigate or
otherwise deal with the notification; or
(c) the
person to whom the notification relates has not been, or is no longer,
registered in a health profession for which the Board is established and it is
not in the public interest for the Board to investigate or otherwise deal with
the notification; or
(d) the
subject matter of the notification has already been dealt with adequately by
the Board; or
(e) the
subject matter of the notification—
(i)
is being dealt with, or has already been dealt with, by
another entity; or
(ii)
has been referred by the Board under section 150
or 150A to another entity to be dealt with by that entity; or
(f) the
health practitioner to whom the notification relates has taken appropriate
steps to remedy the matter the subject of the notification and the Board
reasonably believes no further action is required in relation to the
notification.
(1A) A National Board
may decide to take no further action in relation to part of a notification if
the subject matter of the part of the notification has been referred by the
Board under section 150 or 150A to another entity to be dealt with
by that entity.
(2) A decision by a
National Board to decide to take no further action in relation to a
notification does not prevent a National Board or adjudication body taking the
notification into consideration at a later time as part of a pattern of
conduct or practice by the health practitioner.
(3) If a National
Board decides to take no further action in relation to a notification it must
give written notice of the decision to the notifier.
(4) A notice under
subsection (3) must state—
(a) that
the National Board has decided to take no further action in relation to the
notification; and
(b) the
reason the Board has decided to take no further action.
152—National Board to give notice of receipt of notification
(1) A National Board
must, as soon as practicable after receiving a notification about a registered
health practitioner or student, give written notice of the notification to the
practitioner or student.
(2) The notice must
advise the registered health practitioner or student of the nature of the
notification.
(3) Despite
subsection (1), the National Board is not required to give the registered
health practitioner or student notice of the notification if the Board
reasonably believes doing so would—
(a)
prejudice an investigation of the notification; or
(b)
place at risk a person's health or safety or place a person at risk of
intimidation or harassment.
Division 6—Other matters
153—National Board may deal with notifications about same person
together
If the National Agency receives more than one notification about a registered
health practitioner or student, the National Board established for the health
profession in which the practitioner or student is registered may deal with
the notifications together.
154—National Boards may deal with notifications collaboratively
(1) This section
applies if a notification received by a National Board relates to—
(a) a
registered health practitioner who is registered in more than one health
profession; or
(b) more
than one registered health practitioner and the practitioners are registered
in 2 or more different health professions; or
(c) a
person who is registered as a student in more than one health profession; or
(d) more
than one student and the students are registered in 2 or more different health
professions.
(2) The National Board
may deal with the notification in conjunction with one or more other National
Boards with whom the registered health practitioner or practitioners, or
student or students, are registered.
Division 7—Immediate action
155—Definition
In this Division—
immediate action , in relation to a registered health practitioner or student,
means—
(a) the
suspension, or imposition of a condition on, the health practitioner's or
student's registration; or
(b)
accepting an undertaking from the health practitioner or student; or
(c)
accepting the surrender of the health practitioner's or student's
registration; or
(d) if
immediate action has previously been taken suspending a health practitioner's
or student's registration—the revocation of the suspension and the
imposition of a condition on the registration; or
(e) if
immediate action has previously been taken imposing a condition on a
health practitioner's or student's registration—the suspension of the
registration instead of the condition.
156—Power to take immediate action
(1) A National Board
may take immediate action in relation to a registered health practitioner or
student registered in a health profession for which the Board is established
if—
(a) the
National Board reasonably believes that—
(i)
because of the registered health practitioner's health,
conduct or performance, the practitioner poses a serious risk to persons; and
(ii)
it is necessary to take immediate action to protect
public health or safety; or
(b) the
National Board reasonably believes that—
(i)
the student poses a serious risk to persons because the
student—
(A) has been charged with an offence, or
has been convicted or found guilty of an offence, that is punishable by 12
months imprisonment or more; or
(B) has, or may have, an impairment; or
(C) has, or may have, contravened a
condition of the student's registration or an undertaking given by the student
to a National Board; and
(ii)
it is necessary to take immediate action to protect
public health or safety; or
(c) the
registered health practitioner's registration was improperly obtained because
the practitioner or someone else gave the National Board information or a
document that was false or misleading in a material particular; or
(d) the
registered health practitioner's or student's registration has been cancelled
or suspended under the law of a jurisdiction, whether in Australia or
elsewhere, that is not a participating jurisdiction; or
(e) the
National Board reasonably believes the action is otherwise in the public
interest.
Example of when action may be taken in the public interest—
A registered health practitioner is charged with a serious criminal offence,
unrelated to the practitioner's practice, for which immediate action is
required to be taken to maintain public confidence in the provision of
services by health practitioners.
(2) However, the
National Board may take immediate action that consists of suspending, or
imposing a condition on, the health practitioner's or student's registration
only if the Board has complied with section 157.
157—Show cause process
(1) If a National
Board is proposing to take immediate action that consists of suspending, or
imposing a condition on, a registered health practitioner's or student's
registration under section 156, the Board must—
(a) give
the practitioner or student notice of the proposed immediate action; and
(b)
invite the practitioner or student to make a submission to the Board, within
the time stated in the notice about the proposed immediate action.
(2) A notice given to
a registered health practitioner or student under subsection (1), and any
submissions made by the practitioner or student in accordance with the notice,
may be written or verbal.
(3) The National Board
must have regard to any submissions made by the registered health practitioner
or student in accordance with this section in deciding whether to take
immediate action in relation to the practitioner or student.
158—Notice to be given to registered health practitioner or student
about immediate action
(1) Immediately after
deciding to take immediate action in relation to a registered
health practitioner or student, the National Board must—
(a) give
written notice of the Board's decision to the health practitioner or student;
and
(b) take
the further action under this Part the Board considers appropriate, including,
for example, investigating the practitioner or student or requiring the
practitioner or student to undergo a health or performance assessment.
(2) The notice must
state—
(a) the
immediate action the National Board has decided to take; and
(b) the
reasons for the decision to take the immediate action; and
(c) the
further action the National Board proposes to take under this Part in relation
to the health practitioner or student; and
(d) that
the registered health practitioner or student may appeal against the decision
to take the immediate action if the action is to suspend, or impose a
condition on, the practitioner's or student's registration; and
(e) how
an application for appeal may be made and the period within which the
application must be made.
159—Period of immediate action
(1) The decision by
the National Board to take immediate action in relation to the registered
health practitioner or student takes effect on—
(a) the
day the notice is given to the practitioner or student; or
(b) the
later day stated in the notice.
(2) The decision
continues to have effect until the earlier of the following occurs—
(a) the
decision is set aside on appeal;
(b) for
the suspension of, or imposition of conditions on, the registered
health practitioner's or student's registration, the suspension is revoked, or
the conditions are removed, by the National Board; or
(c) for
an undertaking, the National Board and the registered health practitioner or
student agree to end the undertaking.
159A—Board may give information to notifier about immediate action
(1) This section
applies if a notification about a registered health practitioner or student
results in immediate action by a National Board under this division in
relation to the practitioner or student.
(2) After deciding to
take the immediate action, the National Board may inform the notifier who made
the notification of the decision and the reasons for the decision.
Division 7B—Public statements
159P—Definition
In this Division—
relevant provision means any of the following provisions—
(a)
section 113;
(b)
sections 115 to 119;
(c)
sections 121 to 123;
(d)
section 133;
(e)
section 136.
159Q—Making of public statement
(1) A regulatory body
may make a public statement about a person if—
(a) the
person—
(i)
has, in the regulatory body's reasonable belief,
contravened a relevant provision; or
(ii)
is the subject of an assessment, investigation or other
proceedings under this Part; and
(b) the
regulatory body reasonably believes that—
(i)
because of the person's conduct, performance or health,
the person poses a serious risk to persons; and
(ii)
it is necessary to issue a public statement to protect
public health or safety.
(2) A public statement
made by a regulatory body may be made in a way the body considers appropriate.
(3) The regulatory
body may identify and give warnings or information about either or both of the
following if the body considers it appropriate in the circumstances—
(a) a
person;
(b)
health services provided by a person.
(4) No liability is
incurred by the regulatory body for the making of, or for anything done for
the purpose of making, a public statement under this section in good faith.
159R—Show cause process for public statement
(1) If a regulatory
body proposes to make a public statement about a person, the body must give
the person a written notice that includes the following information—
(a) that
the body proposes to make a public statement about the person;
(b) the
way in which it is proposed to make the public statement;
(c) the
content of the proposed public statement;
(d) that
the person may make written or verbal submissions to the regulatory body,
within the reasonable time stated in the notice, about the proposed public
statement.
(2) After considering
any submission made by the person in accordance with the notice, the
regulatory body must decide—
(a) not
to make the public statement; or
(b) to
make the public statement as proposed; or
(c) to
make the public statement in a different way or with different content.
(3) The regulatory
body must give written notice of the body's decision, that includes the
following information, to the person—
(a) the
decision made by the body;
(b) the
reasons for the body's decision;
(c) if
the decision is to make the public statement—
(i)
that the person may appeal against the decision; and
(ii)
how an application for an appeal may be made; and
(iii)
the period within which the application must be made.
(4) The regulatory
body must give the notice to the person—
(a) as
soon as practicable after the decision is made; and
(b) if
the decision is to make the public statement—at least one business day
before the statement is to be made.
159S—Revision of public statement by regulatory body
(1) A regulatory body
that made a public statement about a person may revise the statement if the
regulatory body reasonably believes it is necessary in the circumstances.
(2) If the proposed
revision changes the public statement in a material way, sections 159Q(2)
and (3) and 159R apply to the proposed revision, with any necessary
modifications, as if it were the proposed making of a public statement.
159T—Revocation of public statement
(1) A regulatory body
that made a public statement about a person must revoke the public statement
if the body is satisfied the grounds on which the statement was made—
(a) no
longer exist in relation to the person; or
(b) did
not exist at the time the statement was made.
(2) As soon as
practicable after deciding to revoke the public statement, the regulatory body
must—
(a) give
the person a written notice stating—
(i)
the regulatory body has decided to revoke the public
statement; and
(ii)
the date on which the public statement will be revoked;
and
(b) make
a public statement revoking the original public statement in the same way, or
a similar way, to the way in which the original public statement was made.
Division 8—Investigations
Subdivision 1—Preliminary
160—When investigation may be conducted
(1) A National Board
may investigate a registered health practitioner or student registered in a
health profession for which the Board is established if it decides it is
necessary or appropriate—
(a)
because the Board has received a notification about the practitioner or
student; or
(b)
because the Board for any other reason believes—
(i)
the practitioner or student has or may have an
impairment; or
(ii)
for a practitioner—
(A) the way the practitioner practises the
profession is or may be unsatisfactory; or
(B) the practitioner's conduct is or may be
unsatisfactory; or
(c) to
ensure the practitioner or student—
(i)
is complying with conditions imposed on the
practitioner's or student's registration; or
(ii)
an undertaking given by the practitioner or student to
the Board.
(2) If a National
Board decides to investigate a registered health practitioner or student it
must direct an appropriate investigator to conduct the investigation.
161—Registered health practitioner or student to be given notice of
investigation
(1) A National Board
that decides to investigate a registered health practitioner or student must,
as soon as practicable after making the decision, give the practitioner or
student written notice about the investigation.
(2) The notice must
advise the registered health practitioner or student of the nature of the
matter being investigated.
(3) Also, the National
Board must, at not less than 3 monthly intervals, give the written notice of
the progress of the investigation to—
(a) the
registered health practitioner or student; and
(b) if
the investigation relates to a notification made about the registered
health practitioner or student, the notifier.
(4) However, the
National Board need not give the registered health practitioner or student a
notice under subsection (1) or (3) if the Board reasonably believes
giving the notice may—
(a)
seriously prejudice the investigation; or
(b)
place at risk a person's health or safety; or
(c)
place a person at risk of harassment or intimidation.
162—Investigation to be conducted in timely way
The National Board must ensure an investigator it directs to conduct an
investigation conducts the investigation as quickly as practicable, having
regard to the nature of the matter to be investigated.
Subdivision 2—Investigators
163—Appointment of investigators
(1) A National Board
may appoint the following persons as investigators—
(a)
members of the National Agency's staff;
(b)
contractors engaged by the National Agency.
(2) An investigator
holds office on the conditions stated in the instrument of appointment.
(3) If an
investigator's appointment provides for a term of appointment, the
investigator ceases holding office at the end of the term.
(4) An investigator
may resign by signed notice of resignation given to the National Board which
appointed the investigator.
(5) Schedule 5
sets out provisions relating to the powers of an investigator.
164—Identity card
(1) A National Board
must give an identity card to each investigator it appoints.
(2) The identity card
must—
(a)
contain a recent photograph of the investigator; and
(b) be
signed by the investigator; and
(c)
identify the person as an investigator appointed by the National Board; and
(d)
include an expiry date.
(3) This section does
not prevent the issue of a single identity card to a person—
(a) if
the person is appointed as an investigator for this Law by more than one
National Board; or
(b) for
this Law and other Acts.
(4) A person who
ceases to be an investigator must give the person's identity card to the
National Board that appointed the person within 7 days after the person ceases
to be an investigator, unless the person has a reasonable excuse.
165—Display of identity card
(1) An investigator
may exercise a power in relation to someone else (the other person ) only if
the investigator—
(a)
first produces the investigator's identity card for the other person's
inspection; or
(b) has
the identity card displayed so it is clearly visible to the other person.
(2) However, if for
any reason it is not practicable to comply with subsection (1) before
exercising the power, the investigator must produce the identity card for the
other person's inspection at the first reasonable opportunity.
Subdivision 3—Procedure after investigation
166—Investigator's report about investigation
(1) As soon as
practicable after completing an investigation under this Division, an
investigator must give a written report about the investigation to the
National Board that directed the investigator to carry out the investigation.
(2) The report must
include—
(a) the
investigator's findings about the investigation; and
(b) the
investigator's recommendations about any action to be taken in relation to the
health practitioner or student the subject of the investigation.
167—Decision by National Board
After considering the investigator's report, the National Board must
decide—
(a) to
take no further action in relation to the matter; or
(b) to
do either or both of the following—
(i)
take the action the Board considers necessary or
appropriate under another Division;
(ii)
refer the matter to another entity, including, for
example, a health complaints entity, for investigation or other action.
167A—Board may give information to notifier about result of
investigation
(1) This section
applies if a notification about a registered health practitioner or student
results in a decision by a National Board under section 167 in relation
to the practitioner or student.
(2) After making the
decision, the National Board may inform the notifier who made the notification
of the decision and the reasons for the decision.
Division 9—Health and performance assessments
168—Definition
In this Division—
assessment means—
(a) a
health assessment; or
(b) a
performance assessment.
169—Requirement for health assessment
A National Board may require a registered health practitioner or student to
undergo a health assessment if the Board reasonably believes, because of a
notification or for any other reason, that the practitioner or student has, or
may have, an impairment.
170—Requirement for performance assessment
A National Board may require a registered health practitioner to undergo a
performance assessment if the Board reasonably believes, because of a
notification or for any other reason, that the way the practitioner practises
the profession is or may be unsatisfactory.
171—Appointment of assessor to carry out assessment
(1) If the National
Board requires a registered health practitioner or student to undergo an
assessment, the National Agency must appoint an assessor chosen by the Board
to carry out the assessment.
(2) The assessor must
be—
(a) for
a health assessment, a medical practitioner or psychologist who is not a
member of the National Board; or
(b) for
a performance assessment, a registered health practitioner who—
(i)
is a member of the same health profession as the
registered health practitioner or student undergoing assessment; but
(ii)
is not a member of the National Board established for
that profession.
(3) The assessor may
ask another health practitioner to assist the assessor in carrying out the
assessment of the registered health practitioner or student.
(4) The assessor's fee
for carrying out the assessment is to be paid out of the National Board's
budget.
172—Notice to be given to registered health practitioner or student
about assessment
(1) A requirement by a
National Board for a registered health practitioner or student to undergo an
assessment must be made by written notice given to the practitioner or
student.
(2) The written notice
must state—
(a) that
the registered health practitioner or student is required to undergo a health
assessment or performance assessment; and
(b) the
nature of the assessment to be carried out; and
(c) the
name and qualifications of the registered health practitioner who is to carry
out the assessment; and
(d) that
if the registered health practitioner or student does not undergo the
assessment the National Board may continue to take proceedings in relation to
the practitioner or student under this Part.
173—Assessor may require information or attendance
For the purposes of conducting an assessment of a registered health
practitioner or student, an assessor may, by written notice given to the
practitioner or student, require the practitioner or student to—
(a) give
stated information to the assessor within a stated reasonable time and in a
stated reasonable way; or
(b)
attend before the assessor at a stated time and a stated place to undergo the
assessment.
Example of stated place—
The registered health practitioner's principal place of practice.
174—Inspection of documents
(1) If a document is
produced to an assessor, the assessor may—
(a)
inspect the document; and
(b) make
a copy of, or take an extract from, the document; and
(c) keep
the document while it is necessary for the assessment.
(2) If the assessor
keeps the document, the assessor must permit a person otherwise entitled to
possession of the document to inspect, make a copy of, or take an extract
from, the document at the reasonable time and place decided by the assessor.
175—Report from assessor
The assessor must, as soon as practicable after carrying out the assessment,
give to the National Board a report about the assessment.
176—Copy of report to be given to health practitioner or student
(1) The National Board
must, as soon as practicable after receiving the assessor's report, give a
copy of the report to—
(a) the
registered health practitioner or student to whom it relates; or
(b) if
the report contains information the Board considers may, if disclosed to the
practitioner or student, be prejudicial to the practitioner's or student's
physical or mental health or wellbeing, to a medical practitioner or
psychologist nominated by the practitioner or student.
(2) If a medical
practitioner or psychologist is given a copy of a report about a registered
health practitioner or student under subsection (1)(b), the medical
practitioner or psychologist must give a copy of the report to the
practitioner or student as soon as it will no longer be prejudicial to the
practitioner's or student's health or wellbeing.
(3) After the
registered health practitioner or student has been given a copy of the report
under subsection (1)(a) or (2), a person nominated by the Board
must—
(a)
discuss the report with the practitioner or student; and
(b) if
the report makes an adverse finding about the practitioner's practice of the
profession or states that the assessor finds the practitioner has an
impairment, discuss with the practitioner ways of dealing with the finding,
including, for a practitioner, whether the practitioner is prepared to alter
the way the practitioner practises the health profession.
177—Decision by National Board
After considering the assessor's report and the discussions held with the
registered health practitioner or student under section 176(3), the
National Board may decide to—
(a) take
the action the Board considers necessary or appropriate under another
Division; or
(b)
refer the matter to another entity, including, for example, a health
complaints entity, for investigation or other action; or
(c) take
no further action in relation to the matter.
177A—Board may give information to notifier about decision following
assessor's report
(1) This section
applies if a notification about a registered health practitioner or student
results in a decision by a National Board under section 177 in relation
to the practitioner or student.
(2) After making the
decision, the National Board may inform the notifier who made the notification
of the decision and the reasons for the decision.
Division 10—Action by National Board
178—National Board may take action
(1) This section
applies if—
(a) a
National Board reasonably believes, because of a notification or for any other
reason—
(i)
the way a registered health practitioner registered in a
health profession for which the Board is established practises the health
profession, or the practitioner's professional conduct, is or may be
unsatisfactory; or
(ii)
a registered health practitioner or student registered in
a health profession for which the Board is established has or may have an
impairment; or
(iii)
a student has been charged with an offence, or has been
convicted or found guilty of an offence, that is punishable by 12 months
imprisonment or more; or
(iv)
a student has or may have contravened a condition of the
student's registration or an undertaking given by the student to a National
Board; or
(v)
a registered health practitioner's registration was
improperly obtained because the practitioner or someone else gave the Board
information or a document that was false or misleading in a material
particular; and
(b) the
matter is not required to be referred to a responsible tribunal under
section 193, including because of a decision made under section 193A
that it is not in the public interest; and
(c) the
Board decides it is not necessary or appropriate to refer the matter to a
panel.
(2) The National Board
may decide to take one or more of the following actions ( relevant action ) in
relation to the registered health practitioner or student—
(a)
caution the registered health practitioner or student;
(b)
accept an undertaking from the registered health practitioner or student;
(c)
impose conditions on the practitioner's or student's registration, including,
for example, in relation to a practitioner—
(i)
a condition requiring the practitioner to complete
specified further education or training within a specified period; or
(ii)
a condition requiring the practitioner to undertake a
specified period of supervised practice; or
(iii)
a condition requiring the practitioner to do, or refrain
from doing, something in connection with the practitioner's practice; or
(iv)
a condition requiring the practitioner to manage the
practitioner's practice in a specified way; or
(v)
a condition requiring the practitioner to report to a
specified person at specified times about the practitioner's practice; or
(vi)
a condition requiring the practitioner not to employ,
engage or recommend a specified person, or class of persons;
(d)
refer the matter to another entity, including, for example, a health
complaints entity, for investigation or other action.
(3) If the National
Board decides to impose a condition on the registered health practitioner's or
student's registration, the Board must also decide a review period for the
condition.
179—Show cause process
(1) If a National
Board is proposing to take relevant action in relation to a registered
health practitioner or student, the Board must—
(a) give
the practitioner or student written notice of the proposed relevant action;
and
(b)
invite the practitioner or student to make a written or verbal submission to
the Board, within the reasonable time stated in the notice, about the proposed
relevant action.
(2) After considering
any submissions made by the registered health practitioner or student in
accordance with this section, the National Board must decide to—
(a) take
no action in relation to the matter; or
(b) do
any of the following—
(i)
take the proposed relevant action or other relevant
action;
(ii)
take other action under this Part;
(iii)
refer the matter to another entity, including, for
example, a health complaints entity, for investigation or other action.
180—Notice to be given to health practitioner or student and notifier
(1) As soon as
practicable after making a decision under section 179(2), the National
Board must give written notice of the decision to—
(a) the
registered health practitioner or student; and
(b) if
the decision was the result of a notification, the notifier.
(2) A notice under
subsection (1)(b) may also include the reasons for the decision.
Division 11—Panels
181—Establishment of health panel
(1) A National Board
may establish a health panel if—
(a) the
Board reasonably believes, because of a notification or for any other reason,
that a registered health practitioner or student has or may have an
impairment; and
(b) the
Board decides it is necessary or appropriate for the matter to be referred to
a panel.
(1A) Also, a National
Board must establish a health panel if the suspension of a practitioner's or
student's registration is to be reconsidered under section 191(4A) or
191A(2)(c).
(2) A health panel
must consist of the following members chosen from a list referred to in
section 183—
(a) at
least one member who is a registered health practitioner in the same health
profession as the registered health practitioner or student the subject of the
hearing;
(b) at
least one member who is a medical practitioner with expertise relevant to the
matter the subject of the hearing;
(c) at
least one member who is not, and has not been, a registered health
practitioner in the same health profession as the registered
health practitioner or student the subject of the hearing.
(3) In choosing
members of the panel, the National Board must, if possible, choose a member
from the jurisdiction in which the matter the subject of the hearing occurred.
(4) No more than half
of the members of the panel may be registered health practitioners in the same
health profession as the registered health practitioner or student the subject
of the hearing.
(5) However, for
subsection (4), if the subject of the hearing is a registered
health practitioner who is a medical practitioner, a member of the panel
referred to in subsection (2)(b) is not to be considered to be registered
in the same health profession as the registered health practitioner the
subject of the hearing.
(6) A person cannot be
appointed to the panel if the person has been involved in any proceedings
relating to the matter the subject of the hearing by the panel.
182—Establishment of performance and professional standards panel
(1) A National Board
may establish a performance and professional standards panel if—
(a) the
Board reasonably believes, because of a notification or for any other reason,
that—
(i)
the way a registered health practitioner practises the
health profession is or may be unsatisfactory; or
(ii)
the registered health practitioner's professional conduct
is or may be unsatisfactory; and
(b) the
Board decides it is necessary or appropriate for the matter to be referred to
a panel.
(2) A performance and
professional standards panel must consist of at least 3 members.
(3) In choosing
members of the panel, the National Board must, if possible, choose a member
from the jurisdiction in which the matter the subject of the hearing occurred.
(4) At least half, but
no more than two-thirds, of the members of the panel must be persons who
are—
(a)
registered health practitioners in the same health profession as the
registered health practitioner the subject of the hearing; and
(b)
chosen from a list approved under section 183.
(5) At least one
member must be a person who represents the community and chosen from a list
approved under section 183.
(6) A person may not
be appointed to the panel if the person has been involved in any proceedings
relating to the matter the subject of the hearing by the panel.
183—List of approved persons for appointment to panels
(1) A National Board
may appoint individuals to a list of persons approved to be appointed as
members of panels.
(2) To the extent
practicable, individuals appointed under subsection (1) should not—
(a) for
registered health practitioners, be individuals whose principal place of
practice is in a co-regulatory jurisdiction; or
(b)
otherwise, be individuals who live in a co-regulatory jurisdiction.
184—Notice to be given to registered practitioner or student
(1) A panel must give
notice of its hearing of a matter to the registered health practitioner or
student the subject of the hearing.
(2) The notice must
state—
(a) the
day, time and place at which the hearing is to be held; and
(b) the
nature of the hearing and the matters to be considered at the hearing; and
(c) that
the registered health practitioner or student is required to attend the
hearing; and
(d) that
the registered health practitioner may be accompanied at the hearing by an
Australian legal practitioner or other person; and
(e) that
if the registered health practitioner or student fails to attend the hearing
the hearing may continue, and the panel may make a decision, in the
practitioner's or student's absence; and
(f) the
types of decision the panel may make at the end of the hearing.
(3) For a panel
established under section 181(1A), the panel—
(a) may
decide the hearing may be decided entirely on the basis of documents, without
parties, their representatives or witnesses appearing at the hearing; and
(b) if
the hearing is to be decided entirely on the basis of documents—must
give written notice of the decision to the registered health practitioner or
student the subject of the hearing.
(4) The health
practitioner or student may within 14 days after receiving the notice
under subsection (3)(b) give a written notice to the panel—
(a)
requesting a hearing; and
(b)
undertaking to be available to attend the hearing within 28 days after
giving the notice.
(5) If the
health practitioner or student gives a notice under subsection (4), the
panel must give the health practitioner or student notice under
subsection (1) stating a day for the hearing that is not more
than 28 days after the practitioner's or student's notice was given.
(6) Subsection (1)
does not apply if—
(a) the
panel makes a decision under subsection (3); and
(b) the
health practitioner or student does not give notice under subsection (4).
185—Procedure of panel
(1) Subject to this
Division, a panel may decide its own procedures.
(2) A panel is
required to observe the principles of natural justice but is not bound by the
rules of evidence.
(3) A panel may have
regard to—
(a) a
report prepared by an assessor about the registered health practitioner or
student; and
(b) any
other information the panel considers relevant to the hearing of the matter.
186—Legal representation
(1) At a hearing of a
panel, the registered health practitioner or student the subject of the
hearing may be accompanied by an Australian legal practitioner or another
person.
(2) An Australian
legal practitioner or other person accompanying the registered
health practitioner or student may appear on behalf of the practitioner or
student only with the leave of the panel.
(3) The panel may
grant leave for an Australian legal practitioner or other person to appear on
behalf of the registered health practitioner or student only if the panel
considers it appropriate in the particular circumstances of the hearing.
187—Submission by notifier
If a matter the subject of a hearing before a panel relates to a notification,
the notifier may, with the leave of the panel, make a submission to the panel
about the matter.
188—Panel may proceed in absence of registered health practitioner or
student
At a hearing, a panel may proceed in the absence of the registered health
practitioner or student the subject of the proceedings if the panel reasonably
believes the practitioner or student has been given notice of the hearing.
189—Hearing not open to the public
A hearing before a panel is not open to the public.
190—Referral to responsible tribunal or National Board
(1) A panel must stop
hearing a matter and require the National Board that established the panel to
refer the matter to a responsible tribunal under section 193 if, at any
time—
(a) the
practitioner or student the subject of the hearing asks the panel for the
matter to be referred to a responsible tribunal under section 193; or
(b) if
the subject of the hearing is a registered health practitioner—the panel
reasonably believes the evidence demonstrates the practitioner may have
behaved in a way that constitutes professional misconduct.
(2) A panel must stop
hearing a matter and refer the matter to the National Board that established
the panel if the panel reasonably believes the evidence demonstrates the
practitioner's registration may have been improperly obtained because the
practitioner or someone else gave the Board information or a document that was
false or misleading in a material particular.
191—Decision of panel
(1) After hearing a
matter about a registered health practitioner, a panel may decide—
(a) the
practitioner has no case to answer and no further action is to be taken in
relation to the matter; or
(b) one
or more of the following—
(i)
the practitioner has behaved in a way that constitutes
unsatisfactory professional performance;
(ii)
the practitioner has behaved in a way that constitutes
unprofessional conduct;
(iii)
the practitioner has an impairment;
(iv)
the matter must be referred to a responsible tribunal
under section 193;
(v)
the matter must be referred to another entity, including,
for example, a health complaints entity, for investigation or other action.
(2) After hearing a
matter about a student, a health panel may decide—
(a) the
student has an impairment; or
(b) the
matter must be referred to another entity, including, for example, a health
complaints entity, for investigation or other action; or
(c) the
student has no case to answer and no further action is to be taken in relation
to the matter.
(3) If a panel decides
a registered health practitioner or student has an impairment, or that a
practitioner has behaved in a way that constitutes unsatisfactory professional
performance or unprofessional conduct, the panel may decide to do one or more
of the following—
(a)
impose conditions on the practitioner's or student's registration, including,
for example, in relation to a practitioner—
(i)
a condition requiring the practitioner to complete
specified further education or training within a specified period; or
(ii)
a condition requiring the practitioner to undertake a
specified period of supervised practice; or
(iii)
a condition requiring the practitioner to do, or refrain
from doing, something in connection with the practitioner's practice; or
(iv)
a condition requiring the practitioner to manage the
practitioner's practice in a specified way; or
(v)
a condition requiring the practitioner to report to a
specified person at specified times about the practitioner's practice; or
(vi)
a condition requiring the practitioner not to employ,
engage or recommend a specified person, or class of persons;
(b) for
a health panel, suspend the practitioner's or student's registration;
(c) for
a performance and professional standards panel, caution or reprimand the
practitioner.
(4) If a panel decides
to impose a condition on a registered health practitioner's or student's
registration, the panel must also decide a review period for the condition.
(4A) If a panel
suspends a health practitioner's or student's registration, the panel must
decide a date (the reconsideration date ) by which the suspension must be
reconsidered by a panel established under section 181(1A).
(5) A decision by a
panel that a registered health practitioner has no case to answer in relation
to a matter does not prevent a National Board or adjudication body taking the
matter into consideration at a later time as part of a pattern of conduct or
practice by the health practitioner.
191A—Decision of panel after reconsideration of suspension
(1) This section
applies if the suspension of a health practitioner's or student's registration
is reconsidered by a panel established under section 181(1A).
(a)
revoke the suspension; or
(b)
revoke the suspension, impose conditions under section 191(3)(a) and
decide a review period for the conditions under section 191(4); or
(c) not
revoke the suspension and decide a new reconsideration date.
191B—Change of reconsideration date for suspension of registration
(1) This section
applies if the suspension of a health practitioner's or student's registration
is to be reconsidered by a panel established under section 181(1A) on a
reconsideration date.
(2) The panel may
decide an earlier reconsideration date if—
(a) the
health practitioner or student advises the panel of a material change in the
practitioner's or student's circumstances and requests an earlier
reconsideration date because of the change; and
(b) the
panel is reasonably satisfied an earlier reconsideration date is necessary
because of the change in circumstances.
(3) For
subsection (2), the panel must give the practitioner or student written
notice of—
(a) if
the panel decides an earlier reconsideration date—the earlier date; or
(b) if
the panel decides to refuse the request for an earlier reconsideration
date—the panel's decision and the reasons for the decision.
(4) The panel may
decide a later reconsideration date if the panel is reasonably satisfied it is
necessary to enable the panel to reconsider the suspension.
Examples of when the panel may be reasonably satisfied a later reconsideration
date may be decided—
(a) the
health practitioner or student is required for a hearing and cannot attend
because of illness;
(b) the
panel requires extra time to consider further evidence supplied by the
health practitioner or student;
(c)
extra time is required to appoint a panel member for a panel member who is
ill.
(5) For
subsection (4), the panel must give the health practitioner or student
written notice of the later reconsideration date and the reasons for the
decision.
(6) The suspension of
the health practitioner's or student's registration remains in force until the
panel makes a decision to revoke the suspension.
192—Notice to be given about panel's decision
(1) As soon as
practicable after making a decision under section 191 or 191A, a panel
must give notice of its decision to the National Board that established it.
(2) The National Board
must, within 30 days after the panel makes its decision, give written notice
of the decision to—
(a) the
registered health practitioner or student the subject of the hearing; and
(b) if
the hearing related to a notification, the notifier.
(3) The notice given
to the registered health practitioner or student must state—
(a) the
decision made by the panel; and
(b) the
reasons for the decision; and
(c) that
the registered health practitioner or student may appeal against the decision;
and
(d) how
an application for appeal may be made and the period within which the
application must be made.
(4) A notice under
subsection (2)(b) may also include the reasons for the decision.
Division 12—Referring matter to responsible tribunals
193—Matters to be referred to responsible tribunal
(1) Subject to
section 193A, a National Board must refer a matter about a registered
health practitioner or student to a responsible tribunal if—
(a) for
a registered health practitioner, the Board reasonably believes, based on a
notification or for any other reason, the practitioner has behaved in a way
that constitutes professional misconduct; or
(b) for
a registered health practitioner or student, a panel established by the Board
requires the Board to refer the matter to a responsible tribunal.
(2) The National Board
must—
(a)
refer the matter to—
(i)
the responsible tribunal for the participating
jurisdiction in which the behaviour the subject of the matter occurred; or
(ii)
if the behaviour occurred in more than one jurisdiction,
the responsible tribunal for the participating jurisdiction in which the
practitioner's principal place of practice is located; and
(b) give
written notice of the referral to the registered health practitioner or
student to whom the matter relates.
(3)
Subsection (1)(a) does not require a National Board to refer a matter to
a responsible tribunal if the behaviour constituting the professional
misconduct consists of a registered health practitioner improperly obtaining
registration because the practitioner or someone else gave the Board
information or a document that was false or misleading in a material
particular.
Note—
See section 85C(b) which provides for the action a National Board may
take if the Board decides a registered health practitioner's registration was
improperly obtained.
193A—National Boards may decide not to refer certain matters
(1) A National Board
may decide not to refer a matter about a registered health practitioner
mentioned in section 193(1)(a) to a responsible tribunal if the Board
decides there is no public interest in the matter being heard by a responsible
tribunal.
(2) In deciding
whether or not there is public interest in the matter being heard by a
responsible tribunal, the National Board must have regard to the
following—
(a) the
need to protect the health and safety of the public;
(b) the
seriousness of the alleged conduct, including whether the registered
health practitioner may have engaged in wilful misconduct;
(c)
whether the practitioner is the subject of more than one notification or has
previously been the subject of a notification;
(d)
whether the practitioner is still registered and, if not still registered, may
again seek registration in the future;
(e) any
other benefit the public may receive by having the matter referred to a
responsible tribunal, including the benefit of a public decision in relation
to the matter;
(f) any
other matter the Board considers relevant to the decision.
(3) If a decision is
made under this section to not refer a matter to a responsible tribunal, the
National Agency must publish information about the decision in its annual
report.
194—Parties to the proceedings
The parties to proceedings relating to a matter being heard by a responsible
tribunal are—
(a) the
registered health practitioner or student who is the subject of the
proceedings; and
(b) the
National Board that referred the matter to the tribunal.
195—Costs
The responsible tribunal may make any order about costs it considers
appropriate for the proceedings.
196—Decision by responsible tribunal about registered
health practitioner
(1) After hearing a
matter about a registered health practitioner, a responsible tribunal may
decide—
(a) the
practitioner has no case to answer and no further action is to be taken in
relation to the matter; or
(b) one
or more of the following—
(i)
the practitioner has behaved in a way that constitutes
unsatisfactory professional performance;
(ii)
the practitioner has behaved in a way that constitutes
unprofessional conduct;
(iii)
the practitioner has behaved in a way that constitutes
professional misconduct;
(iv)
the practitioner has an impairment;
(v)
the practitioner's registration was improperly obtained
because the practitioner or someone else gave the National Board established
for the practitioner's health profession information or a document that was
false or misleading in a material particular.
(2) If a responsible
tribunal makes a decision referred to in subsection (1)(b), the tribunal
may decide to do one or more of the following—
(a)
caution or reprimand the practitioner;
(b)
impose a condition on the practitioner's registration, including, for
example—
(i)
a condition requiring the practitioner to complete
specified further education or training, or to undergo counselling, within a
specified period; or
(ii)
a condition requiring the practitioner to undertake a
specified period of supervised practice; or
(iii)
a condition requiring the practitioner to do, or refrain
from doing, something in connection with the practitioner's practice; or
(iv)
a condition requiring the practitioner to manage the
practitioner's practice in a specified way; or
(v)
a condition requiring the practitioner to report to a
specified person at specified times about the practitioner's practice; or
(vi)
a condition requiring the practitioner not to employ,
engage or recommend a specified person, or class of persons;
(c)
require the practitioner to pay a fine of not more than $30 000 to the
National Board that registers the practitioner;
(d)
suspend the practitioner's registration for a specified period;
(e)
cancel the practitioner's registration.
(3) If the responsible
tribunal decides to impose a condition on the practitioner's registration, the
tribunal must also decide a review period for the condition.
(4) If the tribunal
decides to cancel a person's registration under this Law or the person does
not hold registration under this Law, the tribunal may also decide to do one
or more of the following—
(a)
disqualify the person from applying for registration as a registered
health practitioner for a specified period;
(b)
prohibit the person, either permanently or for a stated period, from doing
either or both of the following—
(i)
providing any health service or a specified
health service;
(ii)
using any title or a specified title;
(c)
impose restrictions, either permanently or for a stated period, on the
provision of any health service or a specified health service by the person.
196A—Offences relating to prohibition orders
(1) A person must not
contravene a prohibition order.
Maximum penalty: $60 000 or 3 years imprisonment or both.
(2) A person who is
subject to a prohibition order (the prohibited person ) must, before providing
a health service, give written notice of the order to the following
persons—
(a) the
person to whom the prohibited person intends to provide the health service or,
if that person is under 16 years of age or under guardianship, a parent
or guardian of the person;
(b) if
the health service is to be provided by the prohibited person as an
employee—the person's employer;
(c) if
the health service is to be provided by the prohibited person under a contract
for services or any other arrangement with an entity—that entity;
(d) if
the health service is to be provided by the prohibited person as a volunteer
for or on behalf of an entity—that entity.
Maximum penalty: $5 000.
(3) A person must not
advertise a health service to be provided by a prohibited person unless the
advertisement states that the prohibited person is subject to a prohibition
order.
Maximum penalty:
(a) in
the case of an individual—$5 000; or
(b) in
the case of a body corporate—$10 000.
197—Decision by responsible tribunal about student
(1) After hearing a
matter about a student, a responsible tribunal may decide—
(a) the
student has an impairment; or
(b) the
student has no case to answer and no further action is to be taken in relation
to the matter.
(2) If the responsible
tribunal decides the student has an impairment, the tribunal may decide—
(a)
impose a condition on the student's registration; or
(b)
suspend the student's registration.
198—Relationship with Act establishing responsible tribunal
This Division applies despite any provision to the contrary of the Act that
establishes the responsible tribunal but does not otherwise limit that Act.
Division 13—Appeals
199—Appellable decisions
(1) A person who is
the subject of any of the following decisions (an appellable decision ) may
appeal against the decision to the appropriate responsible tribunal for the
appellable decision—
(a) a
decision by a National Board to refuse to register the person;
(aa) a
decision by a National Board to withdraw the person's registration;
(b) a
decision by a National Board to refuse to endorse the person's registration;
(c) a
decision by a National Board to refuse to renew the person's registration;
(d) a
decision by a National Board to refuse to renew the endorsement of the
person's registration;
(e) a
decision by a National Board to impose or change a condition on a person's
registration or the endorsement of the person's registration, other
than—
(i)
a condition relating to the person's qualification for
general registration in the health profession; and
(ii)
a condition imposed by section 112(3)(a);
(f) a
decision by a National Board to refuse to change or remove a condition imposed
on the person's registration or the endorsement of the person's registration;
(g) a
decision by a National Board to refuse to change or revoke an undertaking
given by the person to the Board;
(h) a
decision by a National Board to suspend the person's registration;
(hb) a
decision by a regulatory body to make or revise a public statement under
Division 7B;
(i)
a decision by a panel to impose a condition on the
person's registration;
(j) a
decision by a health panel to suspend the person's registration;
(ja) a
decision by a health panel not to revoke a suspension;
(k) a
decision by a performance and professional standards panel to reprimand the
person.
(2) For the purposes
of subsection (1), the appropriate responsible tribunal for an appellable
decision is—
(a) for
a decision to take health, conduct or performance action in relation to a
registered health practitioner or student—
(i)
the responsible tribunal for the participating
jurisdiction in which the behaviour the subject of the decision occurred; or
(ii)
if the behaviour the subject of the decision occurred in
more than one jurisdiction, the responsible tribunal for the participating
jurisdiction in which the practitioner's principal place of practice is
located; or
(b) for
another decision in relation to a registered health practitioner, the
responsible tribunal for the participating jurisdiction in which the
practitioner's principal place of practice is located; or
(c) for
another decision in relation to a student, the responsible tribunal for the
participating jurisdiction in which the student is undertaking the approved
program of study or clinical training; or
(d) for
a decision in relation to another person—
(i)
the responsible tribunal for the participating
jurisdiction in which the person lives; or
(ii)
if the person does not live in a participating
jurisdiction, the responsible tribunal for the participating jurisdiction
nominated by the National Board that made the appellable decision and
specified in the notice given to the person of the appellable decision.
200—Parties to the proceedings
The parties to proceedings relating to an appellable decision being heard by a
responsible tribunal are—
(a) the
person who is the subject of the appellable decision; and
(b) the
National Board that—
(i)
made the appellable decision; or
(ii)
established the panel that made the appellable decision;
and
(c) the
National Agency if—
(i)
the appellable decision is a decision mentioned in
section 199(1)(ha) or (hb); and
(ii)
the National Agency made the appellable decision.
201—Costs
The responsible tribunal may make any order about costs it considers
appropriate for the proceedings.
202—Decision
(1) After hearing the
matter, the responsible tribunal may—
(a)
confirm the appellable decision; or
(b)
amend the appellable decision; or
(c)
substitute another decision for the appellable decision.
(2) In substituting
another decision for the appellable decision, the responsible tribunal has the
same powers as the entity that made the appellable decision.
203—Relationship with Act establishing responsible tribunal
This Division applies despite any provision to the contrary of the Act that
establishes the responsible tribunal but does not otherwise limit that Act.
Division 14—Miscellaneous
204—Notice from adjudication body
(1) If an adjudication
body, other than a court, makes a decision in relation to a
health practitioner or student registered in a health profession, it must give
written notice of the decision to the National Board established for the
profession.
(2) The notice must
state—
(a) the
decision made by the adjudication body; and
(b) the
reasons for the decision; and
(c) the
date the decision takes effect; and
(d) any
action the National Board must take to give effect to the decision.
205—Implementation of decisions
(1) A National Board
must give effect to a decision of an adjudication body unless the decision is
stayed on appeal.
(2) Without limiting
subsection (1), the National Board must, if the notice given to the Board
states that a health practitioner's or student's registration is cancelled,
remove the practitioner's or student's name from the appropriate register kept
by the Board.
206—National Board to give notice to registered health practitioner's
employer and other entities
(i)
decides to take health, conduct or performance action
against a registered health practitioner; or
(ii)
receives notice from an adjudication body that the
adjudication body has decided to take health, conduct or performance action
against a registered health practitioner; or
(iii)
receives notice from a co-regulatory authority that an
adjudication body in the co-regulatory jurisdiction has decided to take
health, conduct or performance action against a registered
health practitioner; and
(b) the
National Board has been given practice information under section 132 or
becomes aware of practice information it should have been given under that
section.
(2) If the practice
information given to the National Board, or of which the Board becomes aware,
is information referred to in paragraph (a) of the definition of practice
information in section 132(4) and includes the names of other registered
health practitioners, the Board, as soon as practicable after an event
specified in subsection (1)(a) occurs, may give written notice of the
decision to—
(a) the
named registered health practitioners with whom the practitioner currently
shares premises and the cost of the premises; and
(b) the
named registered health practitioners with whom the practitioner previously
shared premises and the cost of the premises if the Board reasonably believes
the practitioner's health, conduct or performance while the practitioner
shared the premises with the registered health practitioners posed—
(i)
a risk of harm to a person or a class of persons; or
(ii)
a risk to public health or safety.
(3) If the practice
information given to the Board, or of which the Board becomes aware, is
information referred to in paragraph (b) of the definition of practice
information in section 132(4), the Board, as soon as practicable after an
event specified in subsection (1)(a) occurs—
(a) if
the registered health practitioner has a current practice arrangement with an
entity named in the information—must give written notice of the decision
to the entity; or
(b) if
the practitioner had a previous practice arrangement with an entity named in
the information—may give written notice of the decision to the entity if
the Board reasonably believes the practitioner's health, conduct or
performance while the practitioner had a practice arrangement with the entity
posed—
(i)
a risk of harm to a person or a class of persons; or
(ii)
a risk to public health or safety.
(4) In this
section—
decision means a decision of a National Board or adjudication body to take
health, conduct or performance action against a registered health
practitioner.
207—Effect of suspension
If a person's registration as a health practitioner or student is suspended
under this Law the person is taken during the period of suspension not to be
registered under this Law, other than for the purposes of this Part.
Part 9—Finance
208—Australian Health Practitioner Regulation Agency Fund
(1) The Australian
Health Practitioner Regulation Agency Fund is established.
(2) The Agency Fund is
to have a separate account for each National Board.
(3) The Agency Fund is
a fund to be administered by the National Agency.
(4) The National
Agency may establish accounts with any financial institution for money in the
Agency Fund.
(5) The Agency Fund
does not form part of the consolidated fund or consolidated account of a
participating jurisdiction or the Commonwealth.
209—Payments into Agency Fund
(1) There is payable
into the Agency Fund—
(a) all
money appropriated by the Parliament of any participating jurisdiction or the
Commonwealth for the purposes of the Fund; and
(b) all
fees, costs and expenses paid or recovered under this Law; and
(c) all
fines paid to, or recovered by, a National Board in accordance with an order
of an adjudication body; and
(d) the
proceeds of the investment of money in the Fund; and
(e) all
grants, gifts and donations made to the National Agency or a National Board,
but subject to any trusts declared in relation to the grants, gifts or
donations; and
(f) all
money directed or authorised to be paid into the Fund by or under this Law,
any law of a participating jurisdiction or any law of the Commonwealth; and
(g) any
other money or property received by the National Agency or a National Board in
connection with the exercise of its functions.
(2) Any money paid
into the Agency Fund under subsection (1) for or on behalf of a National
Board must be paid into the Board's account kept within the Agency Fund.
210—Payments out of Agency Fund
(1) Payments may be
made from the Agency Fund for the purpose of—
(a)
paying any costs or expenses, or discharging any liabilities, incurred in the
administration or enforcement of this Law; and
(b)
making payments to co-regulatory authorities; and
(c) any
other payments recommended by the National Board or National Agency and
approved by the Ministerial Council.
(2) Without limiting
subsection (1)(a), a payment may be made from the Agency Fund to a
responsible tribunal to meet the expenses of the responsible tribunal in
performing functions under this Law.
(3) A payment under
subsection (1) may be made from a National Board's account kept within
the Agency Fund only if the payment is in accordance with the Board's budget
or otherwise approved by the Board.
211—Investment of money in Agency Fund
(1) Subject to this
section, the National Agency may invest money in the Agency Fund in the way it
considers appropriate.
(2) The National
Agency may invest money in a National Board's account kept within the Agency
Fund only if the Agency has consulted the Board about the investment.
(3) An investment
under this section must be—
(a) in
Australian money; and
(b)
undertaken in Australia.
(4) The National
Agency must use its best efforts to invest money in the Agency Fund in a way
it considers is most appropriate in all the circumstances.
(5) The National
Agency must keep records that show it has invested in the way most appropriate
in the circumstances.
(6) A security, safe
custody acknowledgment or other document evidencing title accepted, guaranteed
or issued for an investment arrangement must be held by the National Agency.
212—Financial management duties of National Agency and National Boards
(1) The National
Agency must—
(a)
ensure that its operations are carried out efficiently, effectively and
economically; and
(b) keep
proper books and records in relation to the Agency Fund; and
(c)
ensure that expenditure is made from the Agency Fund for lawful purposes only
and, as far as possible, reasonable value is obtained for moneys expended from
the Fund; and
(d)
ensure that its procedures, including internal control procedures, afford
adequate safeguards with respect to—
(i)
the correctness, regularity and propriety of payments
made from the Agency Fund; and
(ii)
receiving and accounting for payments made to the Agency
Fund; and
(iii)
prevention of fraud or mistake; and
(e) take
any action necessary to ensure the preparation of accurate financial
statements in accordance with Australian Accounting Standards for inclusion in
its annual report; and
(f) take
any action necessary to facilitate the audit of those financial statements in
accordance with this Law; and
(g)
arrange for any further audit by a qualified person of the books and records
kept by the National Agency in relation to the Agency Fund, if directed to do
so by the Ministerial Council.
(2) A National Board
must—
(a)
ensure that its operations are carried out efficiently, effectively and
economically; and
(b) take
any action necessary to ensure that the National Agency is able to comply with
this section in relation to the funding of the National Board in exercising
its functions.
Part 10—Information and privacy
Division 1A—Australian Information Commissioner
212A—Application of Commonwealth AIC Act
(1) The AIC Act
applies as a law of a participating jurisdiction for the purposes of the
national registration and accreditation scheme.
(2) For the purposes
of subsection (1), the AIC Act applies—
(a) as
if a reference to the Office of the Australian Information Commissioner were a
reference to the Office of the National Health Practitioner Privacy
Commissioner; and
(b) as
if a reference to the Information Commissioner were a reference to the
National Health Practitioner Privacy Commissioner; and
(c) with
any other modifications made by the regulations.
(3) Without limiting
subsection (2)(c), the regulations may—
(a)
provide that the AIC Act applies under subsection (1) as if a provision
of the AIC Act specified in the regulations were omitted; or
(b)
provide that the AIC Act applies under subsection (1) as if an amendment
to the AIC Act made by a law of the Commonwealth, and specified in the
regulations, had not taken effect; or
(c)
confer jurisdiction on a tribunal or court of a participating jurisdiction.
(4) In this
section—
AIC Act means the Australian Information Commissioner Act 2010 of the
Commonwealth, as in force from time to time.
Division 1—Privacy
213—Application of Commonwealth Privacy Act
(1) The Privacy Act
applies as a law of a participating jurisdiction for the purposes of the
national registration and accreditation scheme.
(2) For the purposes
of subsection (1), the Privacy Act applies—
(a) as
if a reference to the Commissioner were a reference to the National
Health Practitioner Privacy Commissioner; and
(b) with
any other modifications made by the regulations.
(3) Without limiting
subsection (2)(b), the regulations may—
(a)
provide that the Privacy Act applies under subsection (1) as if a
provision of the Privacy Act specified in the regulations were omitted; or
(b)
provide that the Privacy Act applies under subsection (1) as if an
amendment to the Privacy Act made by a law of the Commonwealth, and specified
in the regulations, had not taken effect; or
(c)
confer jurisdiction on a tribunal or court of a participating jurisdiction.
(4) In this
section—
Privacy Act means the Privacy Act 1988 of the Commonwealth, as in force from
time to time.
Division 2—Disclosure of information and confidentiality
214—Definition
In this Division—
protected information means information that comes to a person's knowledge in
the course of, or because of, the person exercising functions under this Law.
215—Application of Commonwealth FOI Act
(1) The FOI Act
applies as a law of a participating jurisdiction for the purposes of the
national registration and accreditation scheme.
(2) For the purposes
of subsection (1), the FOI Act applies—
(a) as
if a reference to the Office of the Australian Information Commissioner were a
reference to the Office of the National Health Practitioner Privacy
Commissioner; and
(b) as
if a reference to the Information Commissioner were a reference to the
National Health Practitioner Privacy Commissioner; and
(c) with
any other modifications made by the regulations.
(3) Without limiting
subsection (2)(c), the regulations may—
(a)
provide that the FOI Act applies under subsection (1) as if a provision
of the FOI Act specified in the regulations were omitted; or
(b)
provide that the FOI Act applies under subsection (1) as if an amendment
to the FOI Act made by a law of the Commonwealth, and specified in the
regulations, had not taken effect; or
(c)
confer jurisdiction on a tribunal or court of a participating jurisdiction.
(4) In this
section—
FOI Act means the Freedom of Information Act of the Commonwealth, as in force
from time to time.
216—Duty of confidentiality
(1) A person who is,
or has been, a person exercising functions under this Law must not disclose to
another person protected information.
Maximum penalty:
(a) in
the case of an individual—$5 000; or
(b) in
the case of a body corporate—$10 000.
(2) However,
subsection (1) does not apply if—
(a) the
information is disclosed in the exercise of a function under, or for the
purposes of, this Law; or
(b) the
disclosure—
(i)
is to a co-regulatory authority; or
(ii)
is authorised or required by any law of a participating
jurisdiction; or
(c) the
disclosure is otherwise required or permitted by law; or
(d) the
disclosure is with the agreement of the person to whom the information
relates; or
(e) the
disclosure is in a form that does not identify the identity of a person; or
(f) the
information relates to proceedings before a responsible tribunal and the
proceedings are or were open to the public; or
(g) the
information is, or has been, accessible to the public, including because it is
or was recorded in a National Register; or
(h) the
disclosure is otherwise authorised by the Ministerial Council.
217—Disclosure of information for workforce planning
(1) The Ministerial
Council may, by written notice given to a National Board, ask the Board for
information required by the Council for planning the workforce of health
practitioners, or a class of practitioners, in Australia or a part of
Australia.
(2) If a National
Board receives a request under subsection (1), the Board may, by written
notice given to health practitioners registered in a health profession for
which the Board is established, ask the practitioners for information relevant
to the request.
(3) A registered
health practitioner who is asked to provide information under
subsection (2) may, but is not required to, provide the information.
(4) The National
Board—
(a) must
give information received from a registered health practitioner to the
Ministerial Council in a way that does not identify any registered health
practitioner; and
(b) must
not use information received under this section that identifies a registered
health practitioner for any other purpose.
(5) The Ministerial
Council must publish information it receives under this section in a way that
is timely and ensures it is accessible to the public.
218—Disclosure of information for information management and
communication purposes
(1) A person may
disclose protected information to an information management agency if the
disclosure is in accordance with an authorisation given by the Ministerial
Council under subsection (2).
(2) The Ministerial
Council may authorise the disclosure of protected information to an
information management agency if the Council is satisfied—
(a) the
protected information will be collected, stored and used by the information
management agency in a way that ensures the privacy of the persons to whom it
relates is protected; and
(b) the
provision of the protected information to the information management agency is
necessary to enable the agency to exercise its functions.
(3) An authorisation
under subsection (2)—
(a) may
apply to protected information generally or a class of protected information;
and
(b) may
be subject to conditions.
(4) In this
section—
information management agency means a Commonwealth, State or Territory agency
that has functions relating to the identification of health practitioners for
information management and communication purposes, including, for example, the
National E-health Transition Authority.
219—Disclosure of information to other Commonwealth, State and Territory
entities
(1) A person
exercising functions under this Law may disclose protected information to the
following entities—
(a) the
Chief Executive Medicare under the Human Services (Medicare) Act 1973 of
the Commonwealth;
(b) an
entity performing functions under the Health Insurance Act 1973 of the
Commonwealth;
(c) the
Secretary within the meaning of the National Health Act 1953 of the
Commonwealth;
(d) the
Secretary to the Department in which the Migration Act 1958 of the
Commonwealth is administered;
(e)
another Commonwealth, State or Territory entity having functions relating to
professional services provided by health practitioners or the regulation of
health practitioners.
(2) However, a person
may disclose protected information under subsection (1) only if the
person is satisfied—
(a) the
protected information will be collected, stored and used by the entity to
which it is disclosed in a way that ensures the privacy of the persons to whom
it relates is protected; and
(b) the
provision of the protected information to the entity is necessary to enable
the entity to exercise its functions.
220—Disclosure to protect health or safety of patients or other persons
(1) This section
applies if a National Board reasonably believes that—
(a)
either of the following poses, or may pose, a risk to public health—
(i)
a registered health practitioner;
(ii)
a person who provides a health service but is not a
registered health practitioner; or
(b) the
health or safety of a patient or class of patients is or may be at risk
because of—
(i)
a registered health practitioner's practice as a
health practitioner; or
(ii)
the provision of a health service by a person who is not
a registered health practitioner.
(2) The National Board
may give written notice of the risk and any relevant information about a
person mentioned in subsection (1)(a) or (b) to an entity of the
Commonwealth or a State or Territory that the Board considers may be required
to take action in relation to the risk.
220A—Disclosure of information about registered health practitioners to
protect health or safety of persons
(1) This section
applies if—
(a)
because of a notification or an investigation under this Law, a National Board
reasonably believes that—
(i)
because of the registered health practitioner's health,
conduct or performance, the practitioner poses a serious risk to persons; and
(ii)
it is necessary to give notice under this section to
protect public health or safety; and
(b) the
Board has been given practice information under section 132 or becomes
aware of practice information the Board has the power to request under that
section.
(2) If the practice
information given to the National Board, or of which the Board becomes aware,
is information referred to in paragraph (a) of the definition of practice
information in section 132(4) and includes the names of other registered
health practitioners, the Board may give the following to the named registered
health practitioners with whom the practitioner currently shares premises and
the cost of the premises—
(a)
written notice of the risk;
(b) any
relevant information about the registered health practitioner.
(3) If the practice
information given to the National Board, or of which the Board becomes aware,
is information referred to in paragraph (b) of the definition of practice
information in section 132(4), the Board, as soon as practicable after
receiving or becoming aware of the information, must give the following to a
named entity that has a current practice arrangement with the registered
health practitioner—
(a)
written notice of the risk;
(b) any
relevant information about the registered health practitioner.
(4) To avoid doubt,
subsections (2) and (3) do not allow the Board to give health
information about a patient to—
(a) the
named registered health practitioners with whom the practitioner currently
shares premises and the cost of the premises; or
(b) the
named entity that has a current practice arrangement with the practitioner.
(5)
Subsections (2) and (3) do not apply if the National Board decides
it is not in the public interest to give the notice.
Examples—
A National Board may decide it is not in the public interest to give the
notice because—
(a) it
would impact on an investigation into the registered health practitioner; or
(b) it
would place a notifier at risk of harassment, harm or intimidation; or
(c) the
public interest is outweighed by the registered health practitioner's right to
privacy.
(6)
Subsection (3) does not apply if the National Board has already notified
the named entity about the practitioner, in relation to the same risk, under
section 206 or another provision of this Law.
(7) In this
section—
health information has the same meaning as in the Privacy Act 1988 of
the Commonwealth.
220B—Disclosure of information about unregistered persons to protect
health or safety of persons
(a)
because of an investigation into a possible offence against Part 7, or a
prosecution of an offence against that Part, the National Agency or a National
Board reasonably believes that—
(i)
an unregistered person poses a serious risk to persons;
and
(ii)
it is necessary to give notice under this section to
protect public health or safety; and
(i)
is self-employed and shares premises and the cost of the
premises with registered health practitioners; or
(ii)
has a practice arrangement with an entity.
(2) The National
Agency or the National Board may give written notice of the risk, and any
relevant information about the unregistered person, to the registered health
practitioners or entities mentioned in subsection (1)(b).
(3) To avoid doubt,
subsection (2) does not allow the Board to give health information about
a patient to the registered health practitioners or entities mentioned in
subsection (1)(b).
(4) In this
section—
health information has the same meaning as in the Privacy Act 1988 of
the Commonwealth.
221—Disclosure to registration authorities
A person exercising functions under this Law may disclose protected
information to a registration authority if the disclosure is necessary for the
authority to exercise its functions.
Division 3—Registers in relation to registered health practitioner
222—Public national registers
(1) A public national
register, with the name listed in column 1 of the following table, is to be
kept for each health profession.
(2) A public national
register for a health profession is to include the names of all
health practitioners (other than specialist health practitioners) currently
registered in the profession.
(3) If divisions are
listed beside the public national register in column 2 of the table, the
register is to be kept in a way that ensures it includes those divisions.
(4) In addition, a
public national register for a health profession is to include—
(a) the
names of all health practitioners (other than specialist health practitioners)
whose registration has been cancelled by an adjudication body; and
(b) the
names of all persons (other than specialist health practitioners or persons
who were previously specialist health practitioners) subject to a prohibition
order.
(5) A public national
register required to be kept under this section is to be kept by the National
Board prescribed by the regulations for the register, in conjunction with the
National Agency.
Table—Public national registers
Name of public national register |
Divisions of public national register |
---|---|
Register of Aboriginal and Torres Strait Islander Health Practitioners | |
Register of Chinese Medicine Practitioners |
Acupuncturists, Chinese herbal medicine practitioners, Chinese herbal
dispensers |
Register of Chiropractors | |
Register of Dental Practitioners |
Dentists, Dental therapists, Dental hygienists, Dental prosthetists, Oral
health therapists |
Register of Medical Practitioners | |
Register of Medical Radiation Practitioners |
Diagnostic radiographers, Nuclear medicine technologists, Radiation therapists
|
Register of Midwives | |
Register of Nurses |
Registered nurses (Division 1), Enrolled nurses (Division 2) |
Register of Occupational Therapists | |
Register of Optometrists | |
Register of Osteopaths | |
Register of Paramedics | |
Register of Pharmacists | |
Register of Physiotherapists | |
Register of Podiatrists | |
Register of Psychologists | |
223—Specialists Registers
The National Board established for a health profession for which specialist
recognition operates under this Law must, in conjunction with the National
Agency, keep—
(a) a
public national specialists register that includes the names of all specialist
health practitioners currently registered in a health profession for which the
Board is established; and
(b) a
public national register that includes the names of all—
(i)
specialist health practitioners whose registration has
been cancelled by an adjudication body; and
(ii)
persons who are subject to a prohibition order.
224—Way registers are to be kept
Subject to this Division, a register a National Board is required to keep
under this Division must be kept—
(a) in a
way that ensures it is up-to-date and accurate; and
(b)
otherwise in the way the National Agency considers appropriate.
225—Information to be recorded in National Register
A National Register or Specialists Register must include the following
information for each registered health practitioner whose name is included in
the register—
(a) the
practitioner's sex;
(b) the
suburb and postcode of the practitioner's principal place of practice;
(c) the
registration number or code given to the practitioner by the National Board;
(d) the
date on which the practitioner was first registered in the health profession
in Australia, whether under this Law or a corresponding prior Act;
(e) the
date on which the practitioner's registration expires;
(f) the
type of registration held by the practitioner;
(g) if
the register includes divisions, the division in which the practitioner is
registered;
(h) if
the practitioner holds specialist registration, the recognised specialty in
which the practitioner is registered;
(i)
if the practitioner holds limited registration, the
purpose for which the practitioner is registered;
(j) if
the practitioner has been reprimanded, the fact that the practitioner has been
reprimanded;
(k) if a
condition has been imposed on the practitioner's registration or the National
Board has entered into an undertaking with the practitioner—
(i)
if section 226(1) applies, the fact that a condition
has been imposed or an undertaking accepted; or
(ii)
otherwise, details of the condition or undertaking;
(l) if
the practitioner's registration is suspended, the fact that the practitioner's
registration has been suspended and, if the suspension is for a specified
period, the period during which the suspension applies;
(m) if
the practitioner's registration has been endorsed, details of the endorsement;
(n)
details of any qualifications relied on by the practitioner to obtain
registration or to have the practitioner's registration endorsed;
(o) if
the practitioner has advised the National Board the practitioner fluently
speaks a language other than English, details of the other language spoken;
(p) any
other information the National Board considers appropriate.
226—National Board may decide not to include or to remove certain
information in register
(1) A National Board
may decide that a condition imposed on a registered health practitioner's
registration, or the details of an undertaking accepted from a registered
health practitioner, because the practitioner has an impairment is not to be
recorded in a National Register or Specialists Register in which the
practitioner's name is included if—
(a) it
is necessary to protect the practitioner's privacy; and
(b)
there is no overriding public interest for the condition or the details of the
undertaking to be recorded.
(2) A National Board
may decide that information relating to a registered health practitioner is
not to be recorded in a National Register or Specialists Register in which the
practitioner's name is included if—
(a) the
practitioner asks the Board not to include the information in the register;
and
(b) the
Board reasonably believes the inclusion of the information in the register
would present a serious risk to the health or safety of the practitioner.
(3) A National Board
may decide to remove information that a registered health practitioner has
been reprimanded from a National Register or Specialists Register in which the
practitioner's name is included if it considers it is no longer necessary or
appropriate for the information to be recorded on the Register.
227—Register about former registered health practitioners
A register kept by a National Board under section 222 or 223(b) must
include the following—
(a) for
each health practitioner whose registration was cancelled by an adjudication
body—
(i)
the fact the practitioner's registration was cancelled by
an adjudication body; and
(ii)
the grounds on which the practitioner's registration was
cancelled; and
(iii)
if the adjudication body's hearing was open to the
public, details of the conduct that formed the basis of the adjudication;
(b) for
each person subject to a prohibition order, a copy of the order.
228—Inspection of registers
(a) must
keep each register kept by a National Board under this Division open for
inspection, free of charge, by members of the public—
(i)
at its national office and each of its local offices
during ordinary office hours; and
(ii)
on the Agency's website; and
(b) must
give a person an extract from the register on payment of the relevant fee; and
(c) may
give a person a copy of the register on payment of the relevant fee.
(2) The National
Agency may give a person a copy of the register under subsection (1)(c)
only if the Agency is satisfied it would be in the public interest to do so.
(3) The National
Agency may waive, wholly or partly, the payment of a fee by a person under
subsection (1)(b) or (c) if the Agency considers it appropriate in the
circumstances.
Division 4—Student registers
229—Student registers
(1) Each National
Board must, in conjunction with the National Agency, keep a student register
that includes the name of all persons currently registered as students by the
Board.
(2) A student register
is not to be open to inspection by the public.
230—Information to be recorded in student register
(1) Subject to this
Division, a student register kept by a National Board must be kept in the way
the National Agency considers appropriate.
(2) A student register
kept by a National Board must include the following information for each
student whose name is included in the register—
(a) the
student's name;
(b) the
student's date of birth;
(c) the
student's sex;
(d) the
student's mailing address and any other contact details;
(e) the
name of the education provider that is providing the approved program of study
being undertaken by the student;
(f) the
date on which the student was first registered, whether under this law or a
corresponding prior Act;
(g) the
date on which the student started the approved program of study;
(h) the
date on which the student is expected to complete the approved program of
study;
(i)
if the student has completed or otherwise ceased to be
enrolled in the approved program of study, the date of the completion or
cessation;
(j) if a
condition has been imposed on the student's registration, details of the
condition;
(k) if
the Board accepts an undertaking from the student, details of the undertaking;
(l) any
other information the Board considers appropriate.
Division 5—Other records
231—Other records to be kept by National Boards
A National Board must keep a record of the following information for each
health practitioner it registers—
(a)
information that identifies the practitioner;
(b) the
practitioner's contact details;
(c)
information about the practitioner's registration or endorsement;
(d)
information about any previous registration of the practitioner, whether in
Australia or overseas;
(e)
information about any notification made about the practitioner and any
investigation and health, conduct or performance action taken as a result of
the notification;
(f)
information about the practitioner's professional indemnity insurance
arrangements;
(g)
information about checks carried out by the Board about the practitioner's
criminal history and identity, including the nature of the check carried out,
when it was carried out and the nature of the information provided by the
check.
232—Record of adjudication decisions to be kept and made publicly
available
(1) A National Board
is to keep and publish on its website a record of decisions made by—
(a)
panels established by the Board; and
(b)
responsible tribunals that relate to registered health practitioners or
students registered in a health profession for which the Board is established.
(2) The record is to
be kept—
(a) in a
way that does not identify persons involved in the matter, unless the decision
was made by a responsible tribunal and the hearing was open to the public; and
(b)
otherwise in the way decided by the National Board.
Division 6—Unique identifier
233—Unique identifier to be given to each registered health practitioner
(1) This section
applies if—
(a) a
National Board registers a person in a health profession for which the Board
is established; and
(b) the
person has not previously been registered by that Board or any other National
Board.
(2) The National Board
must, at the time of registering the person, give the person an identifying
number or code (a unique identifier ) that is unique to the person.
(3) The National Board
must keep a record of the unique identifier given to the person.
(4) If the person is
subsequently registered by the National Board or another Board the person is
to continue to be identified by the unique identifier given to the person
under subsection (2).
Part 11—Miscellaneous
Division 1—Provisions relating to persons exercising functions
under Law
234—General duties of persons exercising functions under this Law
(1) A person
exercising functions under this Law must, when exercising the functions, act
honestly and with integrity.
(2) A person
exercising functions under this Law must exercise the person's functions under
this Law—
(a) in
good faith; and
(b) in a
financially responsible manner; and
(c) with
a reasonable degree of care, diligence and skill.
(3) A person
exercising functions under this Law must not make improper use of the person's
position or of information that comes to the person's knowledge in the course
of, or because of, the person's exercise of the functions—
(a) to
gain an advantage for himself or herself or another person; or
(b) to
cause a detriment to the development, implementation or operation of the
national registration and accreditation scheme.
235—Application of Commonwealth Ombudsman Act
(1) The Ombudsman Act
applies as a law of a participating jurisdiction for the purposes of the
national registration and accreditation scheme.
(2) For the purposes
of subsection (1), the Ombudsman Act applies—
(a) as
if a reference to the Commonwealth Ombudsman were a reference to the National
Health Practitioner Ombudsman; and
(b) with
any other modifications made by the regulations.
(3) Without limiting
subsection (2), the regulations may—
(a)
provide that the Ombudsman Act applies under subsection (1) as if a
provision of the Ombudsman Act specified in the regulations were omitted; or
(b)
provide that the Ombudsman Act applies under subsection (1) as if an
amendment to the Ombudsman Act made by a law of the Commonwealth, and
specified in the regulations, had not taken effect; or
(c)
confer jurisdiction on a tribunal or court of a participating jurisdiction.
(4) In this
section—
Ombudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force
from time to time.
236—Protection from personal liability for persons exercising functions
(1) A protected person
is not personally liable for anything done or omitted to be done in good
faith—
(a) in
the exercise of a function under this Law; or
(b) in
the reasonable belief that the act or omission was the exercise of a function
under this Law.
(2) Any liability
resulting from an act or omission that would, but for subsection (1),
attach to a protected person attaches instead to the National Agency.
(3) In this
section—
protected person means any of the following—
(b) a
member of the Agency Board;
(c) a
member of a National Board or a committee of the National Board;
(d) a
member of an external accreditation entity;
(e) a
member of the staff of the National Agency;
(f) a
consultant or contractor engaged by the National Agency;
(g) a
person appointed by the National Agency to conduct an examination or
assessment for a National Board;
(h) a
person employed or engaged by an external accreditation entity to assist it
with its accreditation function.
237—Protection from liability for persons making notification or
otherwise providing information
(1) This section
applies to a person who, in good faith—
(a)
makes a notification under this Law; or
(b)
gives information in the course of an investigation or for another purpose
under this Law to a person exercising functions under this Law.
(2) The person is not
liable, civilly, criminally or under an administrative process, for giving the
information.
(3) Without limiting
subsection (2)—
(a) the
making of the notification or giving of the information does not constitute a
breach of professional etiquette or ethics or a departure from accepted
standards of professional conduct; and
(b) no
liability for defamation is incurred by the person because of the making of
the notification or giving of the information.
(4) The protection
given to the person by this section extends to—
(a) a
person who, in good faith, provided the person with any information on the
basis of which the notification was made or the information was given; and
(b) a
person who, in good faith, was otherwise concerned in the making of the
notification or giving of the information.
Division 2—Inspectors
238—Functions and powers of inspectors
(1) An inspector has
the function of conducting investigations to enforce compliance with this Law.
(2) Schedule 6
sets out provisions relating to the powers of an inspector.
239—Appointment of inspectors
(1) A National Board
may appoint the following persons as inspectors—
(a)
members of the National Agency's staff;
(b)
contractors engaged by the National Agency.
(2) An inspector holds
office on the conditions stated in the instrument of appointment.
(3) If an inspector's
appointment provides for a term of appointment, the inspector ceases holding
office at the end of the term.
(4) An inspector may
resign by signed notice of resignation given to the National Board that
appointed the inspector.
240—Identity card
(1) A National Board
must give an identity card to each inspector it appoints.
(2) The identity card
must—
(a)
contain a recent photograph of the inspector; and
(b) be
signed by the inspector; and
(c)
identify the person as an inspector appointed by the National Board; and
(d)
include an expiry date.
(3) This section does
not prevent the issue of a single identity card to a person—
(a) if
the person is appointed as an inspector for this Law by more than one National
Board; or
(b) if
the person is appointed as an inspector and investigator for this Law by a
National Board; or
(c) for
this Law and other Acts.
(4) A person who
ceases to be an inspector must give the person's identity card to the National
Board that appointed the person within 7 days after the person ceases to be an
inspector, unless the person has a reasonable excuse.
241—Display of identity card
(1) An inspector may
exercise a power in relation to someone else (the other person ) only if the
inspector—
(a)
first produces the inspector's identity card for the other person's
inspection; or
(b) has
the identity card displayed so it is clearly visible to the other person.
(2) However, if for
any reason it is not practicable to comply with subsection (1) before
exercising the power, the inspector must produce the identity card for the
other person's inspection at the first reasonable opportunity.
Division 3—Legal proceedings
241A—Proceedings for indictable offences
(1) An offence against
Part 7 Division 10 or section 196A(1) is an indictable offence.
(2) Despite
subsection (1), an offence against Part 7 Division 10 or
section 196A(1) may be prosecuted as an indictable offence or a summary
offence at the discretion of the prosecutor but, if prosecuted as a summary
offence, the maximum penalty that may be imposed is a fine not
exceeding $60 000 or imprisonment for 2 years.
242—Proceedings for other offences
A proceeding for an offence against this Law, other than an offence mentioned
in section 241A(1), is to be by way of a summary proceeding before a
court of summary jurisdiction.
243—Conduct may constitute offence and be subject of disciplinary
proceedings
(1) If a person's
behaviour constitutes an offence against this Law or another Act and
constitutes professional misconduct, unsatisfactory professional performance
or unprofessional conduct under this Law—
(a) the
fact that proceedings for an offence have been taken in relation to the
behaviour does not prevent proceedings being taken before an adjudication body
under this Law for the same behaviour; and
(b) the
fact that proceedings have been taken before an adjudication body under this
Law in relation to the conduct does not prevent proceedings for an offence
being taken for the same behaviour.
(2) If a person's
behaviour may be dealt with by a health complaints entity under the law of a
participating jurisdiction and constitutes professional misconduct,
unsatisfactory professional performance or unprofessional conduct under this
Law—
(a) the
fact that the behaviour has been dealt with by the health complaints entity
does not prevent proceedings being taken before an adjudication body under
this Law for the same behaviour; and
(b) the
fact that proceedings have been taken before an adjudication body under this
Law in relation to the behaviour does not prevent action being taken by the
health complaints entity under the law of the participating jurisdiction for
the same behaviour.
244—Evidentiary certificates
A certificate purporting to be signed by the chief executive officer of the
National Agency and stating any of the following matters is prima facie
evidence of the matter—
(a) a
stated document is one of the following things made, given, issued or kept
under this Law—
(i)
an appointment, approval or decision;
(ii)
a notice, direction or requirement;
(iii)
a certificate of registration;
(iv)
a register, or an extract from a register;
(v)
a record, or an extract from a record;
(b) a
stated document is another document kept under this Law;
(c) a
stated document is a copy of a document mentioned in paragraph (a) or
(b);
(d) on a
stated day, or during a stated period, a stated person was or was not a
registered health practitioner or a student;
(e) on a
stated day, or during a stated period, a registration or endorsement was or
was not subject to a stated condition;
(f) on a
stated day, a registration was suspended or cancelled;
(g) on a
stated day, or during a stated period, an appointment as an investigator or
inspector was, or was not, in force for a stated person;
(h) on a
stated day, a stated person was given a stated notice or direction under this
Law;
(i)
on a stated day, a stated requirement was made of a
stated person.
Division 4—Regulations
245—National regulations
(1) The Ministerial
Council may make regulations for the purposes of this Law.
(2) The regulations
may provide for any matter that is necessary or convenient to be prescribed
for carrying out or giving effect to this Law.
(3) The regulations
are to be published by the Victorian Government Printer in accordance with the
arrangements for the publication of the making of regulations in Victoria.
(4) A regulation
commences on the day or days specified in the regulation for its commencement
(being not earlier than the date it is published).
(5) In this
section—
Victorian Government Printer means the person appointed to be the Government
Printer for Victoria under section 72 of the Constitution Act 1975 of
Victoria.
246—Parliamentary scrutiny of national regulations
(1) A regulation made
under this Law must be tabled in, or notice of its making given to, the
Parliament of each participating jurisdiction—
(a) if a
regulation made under an Act of that jurisdiction must be tabled in the
Parliament of that jurisdiction—in the same way a regulation must be
tabled in that jurisdiction; or
(b) if
notice of the making of a regulation made under an Act of that jurisdiction
must be given to the Parliament of that jurisdiction—in the same way
notice must be given in that jurisdiction.
(1a) However, failure
to comply with subsection (1) does not affect the validity of the
regulation.
(1b) The regulation
may be disallowed in a participating jurisdiction by a House of the Parliament
of that jurisdiction in the same way that a regulation made under an Act of
that jurisdiction may be disallowed.
(1c) However,
subsection (1d) applies if—
(a) a
regulation is not tabled in accordance with the law of a participating
jurisdiction; and
(b)
under the law of that jurisdiction a regulation may be disallowed only after
its tabling.
(1d) The regulation is
taken to be have been tabled in the Parliament of that jurisdiction on the
first sitting day after the regulation was required to be tabled under the law
of the jurisdiction.
(2) A regulation
disallowed under subsection (1) does not cease to have effect in the
participating jurisdiction, or any other participating jurisdiction, unless
the regulation is disallowed in a majority of the participating jurisdictions.
(3) If a regulation is
disallowed in a majority of the participating jurisdictions, it ceases to have
effect in all participating jurisdictions on the date of its disallowance in
the last of the jurisdictions forming the majority.
(4) In this
section—
regulation includes a provision of a regulation.
247—Effect of disallowance of national regulation
(1) The disallowance
of a regulation in a majority of jurisdictions has the same effect as a repeal
of the regulation.
(2) If a regulation
ceases to have effect under section 246 any law or provision of a law
repealed or amended by the regulation is revived as if the disallowed
regulation had not been made.
(3) The restoration or
revival of a law under subsection (2) takes effect at the beginning of
the day on which the disallowed regulation by which it was amended or repealed
ceases to have effect.
(4) In this
section—
regulation includes a provision of a regulation.
Division 5—Miscellaneous
248—Combined notice may be given
If an entity is required under this Law to give another entity (the recipient
) notices under more than one provision, the entity may give the recipient a
combined notice for the provisions.
249—Fees
The National Agency may, in accordance with a health profession agreement
entered into with a National Board—
(a)
refund a relevant fee paid into the Board's account kept in the Agency Fund;
or
(b)
waive, in whole or in part, a relevant fee payable for a service provided by
the Board; or
(c)
require a person who pays a relevant fee late to pay an additional fee.
Part 12—Transitional provisions
Division 1—Preliminary
250—Definitions
In this Part—
commencement day means 1 July 2010.
local registration authority means an entity that had functions under a law of
a participating jurisdiction that included the registration of persons as
health practitioners.
participation day , for a participating jurisdiction, means—
(a) for
a health profession other than a relevant health profession—
(i)
1 July 2010; or
(ii)
the later day on which the jurisdiction became a
participating jurisdiction; or
(b) for
a relevant health profession, 1 July 2012.
relevant health profession means—
(a)
Aboriginal and Torres Strait Islander health practice; or
(b)
Chinese medicine; or
(c)
medical radiation practice; or
(d)
occupational therapy.
repealed Law means the Health Practitioner Regulation (Administrative
Arrangements) National Law set out in the Schedule to the Health Practitioner
Regulation (Administrative Arrangements) National Law Act 2008 of Queensland.
251—References to registered health practitioners
(1) A reference in an
Act of a participating jurisdiction, or another instrument, to the Health
Practitioner Regulation (Administrative Arrangements) National Law may, if the
context permits, be taken to be a reference to this Law.
(2) A reference in an
Act of a participating jurisdiction, or another instrument, to a
health practitioner registered in a health profession under a corresponding
prior Act may, if the context permits, be taken after the participation day to
be a reference to a health practitioner registered in the health profession
under this Law.
Division 2—Ministerial Council
252—Directions given by Ministerial council
A direction given by the Ministerial Council to the National Agency or a
National Board under the repealed Law, and in force immediately before the
commencement day, is taken from the commencement day to be a direction given
by the Ministerial Council under this Law.
253—Accreditation functions exercised by existing accreditation entities
(1) This section
applies to an entity that, immediately before the commencement day, was an
entity appointed by the Ministerial Council under the repealed Law to exercise
functions with respect to accreditation for a health profession under the
national registration and accreditation scheme.
(2) From the
commencement day, the entity is taken to have been appointed under this Law to
exercise the functions for the health profession.
(3) An accreditation
standard approved by the entity for a health profession, and in force
immediately before the commencement day, is taken to be an approved
accreditation standard for the health profession under this Law.
(4) The National Board
established for the health profession must, not later than 3 years after the
commencement day, review the arrangements for the exercise of accreditation
functions for the health profession.
(5) The National Board
must ensure the process for the review includes wide-ranging consultation
about the arrangements for the exercise of the accreditation functions.
(6) If an entity is
taken under subsection (2) to have been appointed to exercise an
accreditation function for a health profession, the National Board established
for the profession must not, before the day that is 3 years after the
commencement day, end that entity's appointment.
254—Health profession standards approved by Ministerial Council
A health profession standard approved by the Ministerial Council under the
repealed Law is taken from the commencement day to be an approved registration
standard under this Law.
255—Accreditation standards approved by National Board
An accreditation standard approved by a National Board under the repealed Law
is taken from the commencement day to be an approved accreditation standard
under this Law.
Division 3—Advisory Council
256—Members of Advisory Council
(1) A person who was,
immediately before the commencement day, a member of the Australian Health
Workforce Advisory Council under the repealed Law is taken to be a member of
the Advisory Council under this Law.
(2) Without limiting
subsection (1), a member of the Advisory Council continues to hold
office—
(a) on
the same terms and conditions that applied to the member's appointment under
the repealed Law; and
(b)
until the day the member's term of appointment under the repealed Law would
have ended or the earlier day the member otherwise vacates office under this
Law.
(3) The person who,
immediately before the commencement day, held office as Chairperson of the
Australian Health Workforce Advisory Council under the repealed Law continues
to hold office as Chairperson of the Advisory Council under this Law.
Division 4—National Agency
257—Health profession agreements
From the commencement day, a health profession agreement entered into by the
Australian Health Practitioner Regulation Agency and in force immediately
before the commencement day is taken to be a health profession agreement
entered into by the National Agency under this Law.
258—Service agreement
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction—
(a) a
local registration authority in that jurisdiction exercised functions in
relation to related health professionals; or
(b) a
local registration authority in that jurisdiction was a party to a service
agreement for an entity to provide administrative or operational support to
the authority and the entity also provided support under a service agreement
to an authority that registers related health professionals.
(2) From the
participation day for the participating jurisdiction, the National Agency may
enter into an agreement with the authority that is responsible for registering
the related health professionals to provide services to the authority.
(3) In this
section—
related health professionals means persons who practise a profession providing
health services that is not a health profession under this Law.
Division 5—Agency Management Committee
259—Members of Agency Management Committee
(1) A person who was,
immediately before the commencement day, a member of the Australian Health
Practitioner Regulation Agency Management Committee under the repealed Law is
taken to be a member of the Agency Management Committee appointed under this
Law.
(2) Without limiting
subsection (1), a member of the Agency Management Committee continues to
hold office—
(a) on
the same terms and conditions that applied to the person's appointment under
the repealed Law; and
(b)
until the day the member's term of appointment under the repealed Law would
have ended or the earlier day the member otherwise vacates office under this
Law.
(3) The person who,
immediately before the commencement day, held office as Chairperson of the
Australian Health Practitioner Regulation Agency Management Committee under
the repealed Law continues to hold office as Chairperson of the Agency
Management Committee under this Law.
Division 6—Staff, consultants and contractors of National Agency
260—Chief executive officer
The person who, immediately before the commencement day, held office as
chief executive officer of the Australian Health Practitioner Regulation
Agency under the repealed Law is taken, from the commencement day, to have
been appointed as the chief executive officer of the National Agency under
this Law on the same terms and conditions that applied to the person's
appointment under the repealed Law.
261—Staff
(1) A person who,
immediately before the commencement day, was employed by the Australian Health
Practitioner Regulation Agency under the repealed Law is taken, from the
commencement day, to have been employed by the National Agency under this Law.
(2) A secondment
arrangement in force immediately before the commencement day is taken, from
the commencement day, to have been made by the National Agency under this Law.
(3) In this
section—
secondment arrangement means an arrangement made under the repealed Law by the
Australian Health Practitioner Regulation Agency for the services of any staff
of a government agency of a participating jurisdiction or the Commonwealth.
262—Consultants and contractors
A person who, immediately before the commencement day, was a consultant or
contractor engaged by the Australian Health Practitioner Regulation Agency
under the repealed Law is taken, from the commencement day, to have been
engaged by the National Agency under this Law.
Division 7—Reports
263—Annual report
Sections 35 and 36 of the repealed Law continue to apply to the preparation
and submission of the first annual report of the Australian Health
Practitioner Regulation Agency as if this Law had not commenced.
Division 8—National Boards
264—Members of National Boards
(1) A person who was,
immediately before the commencement day, a member of a National Health
Practitioner Board under the repealed Law is taken to be a member of the
National Board of the same name under this Law.
(2) Without limiting
subsection (1), a member of a National Board holds office—
(a) on
the same terms and conditions that applied to the person's appointment under
the repealed Law; and
(b)
until the day the member's term of appointment under the repealed Law would
have ended or the earlier day the member otherwise vacates office under this
Law.
(3) A person who,
immediately before the commencement day, held office as Chairperson of a
National Health Practitioner Board is taken, from the commencement day, to
hold office as Chairperson of the National Board of the same name.
265—Committees
(1) From the
commencement day, a committee established by a National Health Practitioner
Board under the repealed Law and in existence immediately before the
commencement day is taken to be a committee established under this Law by the
National Board of the same name.
(2) A person who,
immediately before the commencement day, held office as a member of a
committee established by a National Health Practitioner Board under the
repealed Law is taken, from the commencement day, to hold office as a member
of the committee as continued in existence under subsection (1).
266—Delegation
(1) This section
applies if, under the repealed Law—
(a) a
National Health Practitioner Board had delegated any of its functions to a
committee or the Australian Health Practitioner Regulation Agency and the
delegation was in force immediately before the commencement day; or
(b) the
Australian Health Practitioner Regulation Agency had subdelegated a function
delegated to it by a National Health Practitioner Board to a member of the
Agency's staff and the subdelegation was in force immediately before the
commencement day.
(2) From the
commencement day, the delegation or subdelegation continues as if it were a
delegation or subdelegation under this Law.
Division 9—Agency Fund
267—Agency Fund
From the commencement day, the Australian Health Practitioner Regulation
Agency Fund established by the repealed Law is taken to be the Agency Fund
established by this Law.
Division 10—Offences
268—Offences
Proceedings for an offence against the repealed Law may be started or
continued as if this Law had not commenced.
Division 11—Registration
269—General registration
(1) This section
applies to a person who, immediately before the participation day for a
participating jurisdiction, held general registration (however described) in a
health profession under the law of that jurisdiction.
(2) From the
participation day, the person is taken to hold general registration under this
Law in the health profession.
(3) In this
section—
general registration includes—
(a) full
registration, unconditional registration and registration without conditions;
and
(b)
enrolment, unconditional enrolment and enrolment without conditions.
270—Specialist registration
(1) This section
applies if—
(a)
immediately before the participation day for a participating jurisdiction, a
person was a specialist health practitioner in a specialty in a health
profession under the law of that jurisdiction; and
(b) from
the participation day—
(i)
the specialty is a recognised specialty in the health
profession under this Law; or
(ii)
a recognised specialty in the health profession under
this Law includes, or is equivalent to, the specialty.
(2) From the
participation day, the person is taken to hold specialist registration in the
recognised specialty in the health profession under this Law.
(3) In this
section—
corresponding purpose means a purpose that is equivalent to, or substantially
equivalent to, a purpose for which limited registration may be granted under
this Law.
specialist health practitioner , in a specialty in a health profession, means
a person who held specialist registration in, or was endorsed or otherwise
authorised to practise, the specialty in the health profession but does not
include a person who held registration to practise the profession only for a
corresponding purpose.
271—Provisional registration
(1) This section
applies to a person who, immediately before the participation day for a
participating jurisdiction, held registration (however described) under a law
of that jurisdiction to enable the person to complete a period of supervised
practice or internship in a health profession required for the person to be
eligible for general registration (however described) in the profession.
(2) From the
participation day, the person is taken to hold provisional registration in the
health profession under this Law.
272—Limited registration
(1) This section
applies to a person who, immediately before the participation day for a
participating jurisdiction, held a type of registration (however described) in
a health profession under the law of that jurisdiction that was granted for
the practice of the health profession only for a corresponding purpose.
(2) From the
participation day, the person is taken to hold limited registration in the
health profession for that purpose under this Law.
(3) In this
section—
corresponding purpose means a purpose that is equivalent to, or substantially
equivalent to, a purpose for which limited registration may be granted under
this Law.
273—Limited registration (public interest-occasional practice)
(1) This section
applies to a person who, immediately before the participation day for a
participating jurisdiction, held a type of registration (however described) in
a health profession under the law of that jurisdiction that was granted—
(a)
subject to the following conditions limiting the scope of the person's
practise of the profession—
(i)
the person must not practise the profession other
than—
(A) to refer a person to another registered
health practitioner; or
(B) to prescribe scheduled medicines in
specified circumstances; and
(ii)
the person must not receive a fee or other benefit for
providing a service referred to in subparagraph (i); or
(b) on
the basis the person had indicated the person was retired from regular
practise and intended only to practise on an occasional basis.
(2) From the
participation day, the person is taken to hold limited registration in the
public interest under this Law for the limited scope that applied to the
person's practise of the health profession immediately before the
participation day.
274—Non-practising registration
(1) This section
applies to a person who, immediately before the participation day for a
participating jurisdiction, held a type of registration (however described) in
a health profession under the law of that jurisdiction that was granted
subject to the condition that the person must not practise the profession.
(2) From the
participation day, the person is taken to hold non-practising registration in
the health profession under this Law.
275—Registration for existing registered students
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, a person held registration as a student in a health profession
under the law of that jurisdiction.
(2) From the
participation day, the person is taken to hold student registration in the
health profession under this Law.
276—Registration for new students
(1) This section
applies in relation to a person who, immediately before the participation day
for a participating jurisdiction—
(a) was
a student undertaking a program of study, provided by an education provider
located in the jurisdiction, that from the participation day is an approved
program of study for a health profession; and
(b) was
not required under the law of that jurisdiction to be registered as a student
in the health profession to undertake the program of study or any part of the
program, including any clinical training or other practice of the profession
related to undertaking the program.
(2) Despite
Division 7 of Part 7, the National Board established for the health
profession is not required before 1 March 2011 to register the student in the
profession.
277—Other registrations
(a)
immediately before the participation day for a participating jurisdiction, a
class of persons held a type of registration in, or was endorsed or otherwise
authorised to practise, a health profession under the law of that
jurisdiction; and
(b) from
the participation day, persons in that class are not registered, endorsed or
otherwise authorised to practise the profession by another provision of this
Division.
(2) From the
participation day, persons in that class are taken to hold the type of
registration in the health profession that is specified for the class of
persons in the registration transition plan prepared under subsection (3)
by the National Board established for that profession.
(3) Before the
participation day, each National Board must prepare a registration transition
plan that includes details of the type of registration that is to be held
under this Law by a class of persons referred to in subsection (1).
(4) In preparing a
registration transition plan, a National Board must—
(a)
comply with any directions given by the Ministerial Council that are relevant
to the transitional arrangements for the registration of the class of persons;
and
(b) have
regard to the principle that persons in the class are to be given the widest
possible scope of practice of the profession that is consistent with—
(i)
the authority the class of persons had to practise the
profession before the participation day; and
(ii)
the protection of the safety of the public.
278—Endorsements
(1) This section
applies to a person who, immediately before the participation day for a
participating jurisdiction—
(a) held
a type of registration in that jurisdiction in a health profession for a
corresponding purpose; or
(b) held
general registration in that jurisdiction in a health profession that had been
endorsed for a corresponding purpose.
(2) From the
participation day, the person is taken to hold general registration in the
health profession that has been endorsed under this Law for the purpose that
is equivalent to, or substantially equivalent to, the corresponding purpose.
(3) In this
section—
corresponding purpose means a purpose that is equivalent to, or substantially
equivalent to, a purpose for which an endorsement may be granted under this
Law.
279—Conditions imposed on registration or endorsement
(1) This section
applies if—
(a) a
person is taken to be registered under this Law, or the person's registration
under this Law is taken to be endorsed, because of the person's registration
or endorsement under the law of a participating jurisdiction before the
participation day for the jurisdiction; and
(b) the
person's registration or endorsement under the law of that jurisdiction was,
immediately before the participation day, subject to a condition—
(i)
whether described as a condition, restriction or
otherwise; and
(ii)
whether imposed by or under an Act of that jurisdiction.
(2) From the
participation day, the person's registration or endorsement under this Law is
taken to be subject to the same condition.
280—Expiry of registration and endorsement
(1) This section
applies if, under this Division, a person is taken to be registered under this
Law because of the person's registration or endorsement under the law of a
participating jurisdiction.
(2) The person's
registration, and any endorsement of the registration, expires on—
(a) if
the person was registered in more than one participating jurisdiction, the end
of the latest day on which under the law of a participating
jurisdiction—
(i)
any of the registrations would have expired; or
(ii)
an annual registration fee for any of the registrations
would have become payable; or
(b)
otherwise, at the end of the day on which under the law of the participating
jurisdiction—
(i)
the registration would have expired; or
(ii)
an annual registration fee for the registration would
have become payable.
(3)
Subsection (2) does not prevent a National Board suspending or cancelling
the person's registration under this Law.
281—Protected titles for certain specialist health practitioners
(1) This section
applies if—
(a)
immediately before the participation day for a participating jurisdiction, a
person held specialist registration in a health profession in that
jurisdiction; and
(b) on
the participation day the health profession is not a profession for which
specialist recognition operates under this Law.
(2) Despite
section 118, the person does not commit an offence during the transition
period merely because the person takes or uses—
(a) the
title "specialist health practitioner"; or
(b)
another title the person was entitled to use under the law of the
participating jurisdiction as in force immediately before the participation
day.
(3) In this
section—
transition period means the period—
(a)
starting at the beginning of the commencement day; and
(b)
ending at the end of the day that is 3 years after the commencement day.
282—First renewal of registration or endorsement
(1) This section
applies if—
(a) a
health practitioner's registration or endorsement expires under
section 280; and
(b) the
National Board decides to renew the health practitioner's registration or
endorsement under section 112.
(2) Despite
section 112(6), the National Board may decide that the period for which
the registration or endorsement is renewed is a period of not more than 2
years.
283—Programs of study
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, a program of study provided a qualification for registration in
a health profession in that jurisdiction.
(2) From the
participation day, the program of study is taken to be an approved program of
study for that health profession as if it had been approved under this Law.
(3) The National
Agency must, as soon as practicable after the participation day, include an
approved program of study under subsection (2) in the list published
under section 49(5).
284—Exemption from requirement for professional indemnity insurance
arrangements for midwives practising private midwifery
(1) During the
transition period, a midwife does not contravene section 129(1) merely
because the midwife practises private midwifery if—
(a) the
practise occurs in a participating jurisdiction in which, immediately before
the participation day for that jurisdiction, a person was not prohibited from
attending homebirths in the course of practising midwifery unless professional
indemnity insurance arrangements were in place; and
(b)
informed consent has been given by the woman in relation to whom the midwife
is practising private midwifery; and
(c) the
midwife complies with any requirements set out in a code or guideline approved
by the National Board under section 39 about the practise of private
midwifery, including—
(i)
any requirement in a code or guideline about reports to
be provided by midwives practising private midwifery; and
(ii)
any requirement in a code or guideline relating to the
safety and quality of the practise of private midwifery.
(2) A midwife who
practises private midwifery under this section is not required to include in
an annual statement under section 109 a declaration required by
subsection (1)(a)(iv) and (v) of that section in relation to the
midwife's practise of private midwifery during a period of registration that
is within the transition period.
(3) For the purposes
of this section, the transition period—
(a)
starts on 1 July 2010; and
(b) ends
on the prescribed day.
(4) If the National
Board decides appropriate professional indemnity arrangements are available in
relation to the practice of private midwifery, the Board may recommend to the
Ministerial Council that the transition period, and the exemption provided by
this section during the transition period, should end.
(5) In this
section—
homebirth means a birth in which the mother gives birth at her own home or
another person's home.
informed consent means written consent given by a woman after she has been
given a written statement by a midwife that includes—
(a) a
statement that appropriate professional indemnity insurance arrangements will
not be in force in relation to the midwife's practise of private midwifery;
and
(b) any
other information required by the National Board.
midwife means a person whose name is included in the Register of Midwives kept
by the National Board.
National Board means the National Board for midwifery.
private midwifery means practising the midwifery profession—
(a) in
the course of attending a homebirth; and
(b)
without appropriate professional indemnity insurance arrangements being in
force in relation to that practise; and
(c)
other than as an employee of an entity.
transition period means the period referred to in subsection (3).
Division 12—Applications for registration and endorsement
285—Applications for registration
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, an application for registration or renewal of registration in a
health profession had been made to a local registration authority for the
jurisdiction but not decided.
(2) From the
participation day, the application is taken to have been made under this Law
to the National Board for the health profession.
286—Applications for endorsement
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, an application for endorsement or renewal of an endorsement of a
registration in a health profession had been made to a local registration
authority for the jurisdiction but not decided.
(2) From the
participation day, the application is taken to have been made under this Law
to the National Board for the health profession.
287—Disqualifications and conditions relevant to applications for
registration
(1) This section
applies if—
(a)
under a corresponding prior Act or another law of a participating
jurisdiction, a person's registration in a health profession had been
cancelled in that jurisdiction by an entity; and
(b) in
cancelling the person's registration the entity also made any of the following
decisions—
(i)
a decision to set a period during which the person was
disqualified from applying for registration, or being registered, in a health
profession in the participating jurisdiction;
(ii)
a decision to set conditions under which the person might
reapply for registration in the profession;
(iii)
a decision to set conditions that must be imposed on any
future registration of the person in the profession; and
(c)
immediately before the participation day, the decision was still in force.
(2) From the
participation day, the decision continues as if it had been made under this
Law by the responsible tribunal for the participating jurisdiction.
Division 13—Complaints, notifications and disciplinary proceedings
288—Complaints and notifications made but not being dealt with on
participation day
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, a local registration authority for the jurisdiction had received
but not started dealing with a complaint or notification about a person
registered in a health profession by the authority.
(2) From the
participation day, the complaint or notification is taken to be a notification
made under this Law to the National Agency.
(3) This section does
not apply to a co-regulatory jurisdiction.
289—Complaints and notifications being dealt with on participation day
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, a local registration authority for the jurisdiction had started
but not completed dealing with a complaint or notification about a person
registered in a health profession by the authority.
(2) From the
participation day—
(a) the
complaint or notification is taken to be a notification made under this Law
and is to be dealt with by the National Board for the health profession; and
(b) the
notification is to continue to be dealt with under the Act of the
participating jurisdiction under which it was made, and any proceedings or
appeal relating to the notification may be dealt with, as if that Act had not
been repealed.
(3) For the purposes
of this section, the Act of the participating jurisdiction applies—
(a) as
if a reference to the local registration authority were a reference to the
National Board; and
(b) with
any other changes that are necessary or convenient.
(4) The National Board
must give effect to a decision made on an inquiry, investigation, proceeding
or appeal completed under the Act of the participating jurisdiction as if it
were a decision under this Law.
(5) This section does
not apply to a co-regulatory jurisdiction.
290—Effect of suspension
(1) This section
applies if—
(a)
because of another provision of this Part, a person is taken to be registered
under this Law; and
(b)
immediately before the participation day for the participating jurisdiction in
which the person was registered under a corresponding prior Act, the person's
registration was suspended under a law of that jurisdiction.
(2) From the
participation day, the person's registration is taken to have been suspended
under this Law.
291—Undertakings and other agreements
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, an undertaking or other agreement between a person registered
under a corresponding prior Act and the local registration authority for a
health profession was in force.
(2) From the
participation day, the undertaking or other agreement is taken to have been
entered into under this Law between the person and the National Board
established for the health profession.
292—Orders
(1) This section
applies if—
(a)
under a corresponding prior Act of a participating jurisdiction, an
adjudication body had, at the end of a proceeding before the adjudication body
about a health practitioner's practice or conduct, ordered the health
practitioner to do, or refrain from doing, something; and
(b)
immediately before the participation day, the order was still in force.
(2) From the
participation day, the order continues in force as if it had been made under
this Law.
(3) In this
section—
adjudication body means a court, tribunal, panel or local registration
authority.
293—List of approved persons
(1) This section
applies if, immediately before the participation day for a participating
jurisdiction, a person was appointed as a member of a list of persons approved
to be appointed as members of a body that exercised functions that correspond
to a panel for a health profession.
(2) From the
participation day, the person is taken to have been appointed by the National
Board established for the health profession to the list kept by that Board
under section 183.
Division 14—Local registration authority
294—Definition
In this Division—
transfer day , for a participating jurisdiction, means—
(a) for
a health profession other than a relevant health profession—
(i)
1 July 2010; or
(ii)
the later day on which the jurisdiction became a
participating jurisdiction; or
(b) for
a relevant health profession, 1 July 2012.
295—Assets and liabilities
(1) From the transfer
day for a participating jurisdiction—
(a) the
assets and liabilities of a local registration authority for a health
profession in a participating jurisdiction are taken to be assets and
liabilities of the National Agency and are to be paid into or out of the
account kept in the Agency Fund for the National Board established for the
profession; and
(b) any
contract, other than an employment contract, entered into by or on behalf of
the local registration authority and all guarantees, undertakings and
securities given by or on behalf of the authority, in force immediately before
the participation day, are taken to have been entered into or given by or to
the National Agency and may be enforced against or by the Agency; and
(c) any
property that, immediately before the participation day, was held on trust, or
subject to a condition, by the local registration authority continues to be
held by the National Agency on the same trust, or subject to the same
condition and is to be paid into the account kept in the Agency Fund for the
National Board.
(2) In this
section—
employment contract means either of the following under which a person is
employed—
(a) a
contract of employment;
(b) a
contract for services.
296—Records relating to registration and accreditation
(1) This section
applies to a record of a local registration authority for a health profession
in a participating jurisdiction that relates to the authority's functions in
relation to the following—
(a) the
registration of individuals;
(b)
complaints and notifications about, and proceedings against, individuals who
are or were registered;
(c)
accreditation of courses that qualify individuals for registration.
(2) From the transfer
day for the participating jurisdiction, the record is taken to be a record of
the National Board for the health profession.
297—Financial and administrative records
(1) This section
applies to a record of a local registration authority in a participating
jurisdiction that relates to the authority's financial or administrative
functions.
(2) From the transfer
day for the participating jurisdiction, the record is taken to be a record of
the National Agency.
298—Pharmacy businesses and premises
Sections 295 to 297 do not apply to an asset, liability, contract,
property or record of a local registration authority that relates to the
regulation of a pharmacy business, pharmacy premises, a pharmacy department or
any other pharmacy-related entity that is not an individual.
299—Members of local registration authority
(1) This section
applies if, in anticipation of a jurisdiction becoming a participating
jurisdiction, a National Board established for a health profession establishes
a State or Territory Board for the jurisdiction.
(2) A person who,
immediately before the State or Territory Board was established, was a member
of the local registration authority for the profession in the participating
jurisdiction is taken to be a member of the State or Territory Board.
(3) Section 36(5)
and (6) do not apply to the membership of a State or Territory Board for a
jurisdiction for 12 months after the jurisdiction becomes a participating
jurisdiction.
Note—
Section 36(5) and (6) provide requirements for the number of practitioner
members and community members required by a State or Territory Board.
Division 15—Staged commencement for certain health professions
300—Application of Law to relevant health profession between
commencement and 1 July 2012
(1) This Law does not
apply with respect to a relevant health profession during the period starting
on the commencement day and ending on 30 June 2011.
(2) The following
Parts of this Law do not apply with respect to a relevant health profession
during the period starting on 1 July 2011 and ending on 30 June 2012—
(a)
Part 7, other than Division 10;
(b)
Part 8 to Part 11.
(3) Despite
subsection (2)(a), a person does not commit an offence against a
provision of Division 10 of Part 7 merely because, before 1 July
2012, the person—
(a)
takes or uses a title, name, initial, symbol, word or description that, having
regard to the circumstances in which it is taken or used, indicates or could
be reasonably understood to indicate that the person is authorised or
qualified to practise in a relevant health profession; or
(b) uses
a title that is listed in the Table to section 113 opposite a relevant
health profession.
301—Ministerial Council may appoint external accreditation entity
(1) The Ministerial
Council may appoint an entity, other than a committee established by a
National Board, to exercise an accreditation function for a relevant health
profession.
(2) Without limiting
subsection (1), an entity that accredited courses for the purposes of
registration in a relevant health profession under a corresponding prior Act
may be appointed to exercise an accreditation function for the profession
under this Law.
(3) The National Board
established for the health profession must, not later than 1 July 2015, review
the arrangements for the exercise of the accreditation functions for the
health profession.
(4) The National Board
must ensure the process for the review includes wide-ranging consultation
about the arrangements for the exercise of the accreditation functions.
(5) If an entity is
appointed under subsection (1) to exercise an accreditation function for
a health profession, the National Board established for the profession must
not, before 1 July 2015, end that entity's appointment.
302—Application of Law to appointment of first National Board for
relevant professions
Despite section 34(2), a person is eligible for appointment as a
practitioner member of the first National Board for a relevant health
profession if the person—
(a) is
registered in the profession under a law of a participating jurisdiction; or
(b)
holds a qualification that entitles the person to registration in the
profession under a law of a participating jurisdiction; or
(c) is
otherwise eligible to apply for or hold registration in the profession under
the law of a participating jurisdiction.
303—Qualifications for general registration in relevant profession
(1) For the purposes
of section 52(1)(a), an individual who applies for registration in a
relevant health profession before 1 July 2015 is qualified for general
registration in the profession if the individual—
(a)
holds a qualification or has completed training in the profession, whether in
a participating jurisdiction or elsewhere, that the National Board established
for the profession considers is adequate for the purposes of practising the
profession; or
(b)
holds a qualification or has completed training in the profession, whether in
a participating jurisdiction or elsewhere, and has completed any further
study, training or supervised practice in the profession required by the Board
for the purposes of this section; or
(c) has
practised the profession at any time between 1 July 2002 and 30 June 2012 for
a consecutive period of 5 years or for any periods which together amount to 5
years.
(2) This section
applies despite section 53.
304—Relationship with other provisions of Law
This Division applies despite any other provision of this Law but does not
affect the operation of clause 30 of Schedule 7.
Part 13—Transitional and other provisions for Health Practitioner
Regulation National Law (South Australia) (Amendment of Law)
Regulations 2017
Division 1—Paramedicine Board and registration of paramedics
306—Definitions
In this Division—
Ambulance Service of New South Wales , for the issue of a Diploma of
Paramedical Science, includes another entity prescribed by regulation for
issuing the diploma;
Diploma of Paramedical Science —see section 312(5);
Paramedicine Board means—
(a) the
Paramedicine Board of Australia established under section 307; or
(b) the
Board continued in force on the participation day by a regulation made under
section 31; or
(c) if,
after the participation day, the Paramedicine Board is dissolved and replaced
by another Board established for the health profession of paramedicine by a
regulation made under section 31—the other Board;
participation day means a day prescribed by regulation after which an
individual may be registered in paramedicine under this Law;
relevant day means the day that is 3 years after the participation day.
307—Establishment of Paramedicine Board
(1) The Paramedicine
Board of Australia is established as a National Health Practitioner Board for
the health profession of paramedicine.
(2) The Board—
(a) is a
body corporate with perpetual succession; and
(b) has
a common seal; and
(c) may
sue and be sued in its corporate name.
(3) The Board
represents the State.
(4) This section
applies until the Board is continued in force by a regulation made under
section 31.
308—Powers and functions of Paramedicine Board
(1) Sections 32, 33,
34, 37, 40, 234 and Schedule 4 apply to the Paramedicine Board until the
participation day.
(2) However, for
section 34, the Ministerial Council may, until the participation day,
appoint as practitioner members persons who the Council is satisfied have
skills and experience in paramedicine relevant to the Board's functions.
(3) The Paramedicine
Board may perform the following functions until the participation day—
(a)
develop and recommend one or more registration standards to the Ministerial
Council under section 38 for its approval under section 12;
(b)
develop and approve codes and guidelines under section 39;
(c)
decide the day after which individuals may apply for registration in
paramedicine;
(d) do
anything under Part 6 in relation to accreditation for paramedicine;
(e) do
anything under Part 7 to register individuals in paramedicine;
(f)
anything else the Board may do under this Division.
309—Paramedicine Board taken to be a National Board for stated matters
The Paramedicine Board is taken to be a National Board for the following
provisions of this Law until the participation day—
(a)
Part 2;
(b)
Part 4;
(c)
Part 9;
(d)
Part 10, except for Division 3;
(e)
section 236.
310—CAA accredited programs of study
(1) The Paramedicine
Board may, until the relevant day, approve, or refuse to approve, a CAA
accredited program of study as providing a qualification for the purposes of
registration in paramedicine.
(2) An approval of a
program of study under subsection (1)—
(a) may
be granted subject to the conditions the Board considers necessary or
desirable in the circumstances; and
(b) does
not take effect until the program is included in the list published under
subsection (3).
(3) A program of study
approved by the Board under subsection (1) must—
(a) be
published in a list on the National Agency's website; and
(b)
include, for each program of study, the name of the education provider that
provides the program.
(4) A program of study
approved under this section is taken to be an approved program of study for
this Law.
(5) This section
applies despite section 49(1).
(6) In this
section—
CAA accredited program of study means a program of study accredited by the
Council of Ambulance Authorities Inc. and published on the Council's
website—
(a)
immediately before the commencement; or
(b)
between the commencement and the participation day.
311—Qualifications for general registration in paramedicine for a
limited period
(1) For the purposes
of section 52(1)(a), an individual who applies for registration in
paramedicine before the relevant day is qualified for general registration in
paramedicine if the individual—
(a)
holds a qualification or has completed training in paramedicine, whether in a
participating jurisdiction or elsewhere, that the Paramedicine Board considers
is adequate for the purposes of practising the profession; or
(b)
holds a qualification or has completed training in paramedicine, whether in a
participating jurisdiction or elsewhere, and has completed any further study,
training or supervised practice in the profession required by the Paramedicine
Board for the purposes of this section; or
(c) has
practised paramedicine during the 10 years before the participation day
for a consecutive period of 5 years or for any periods which together
amount to 5 years and satisfies the Paramedicine Board that he or she is
competent to practise paramedicine.
(2) This section
applies despite section 53.
312—Accepted qualification for general registration in paramedicine
(1) This section
applies to an individual who holds a Diploma of Paramedical Science issued by
the Ambulance Service of New South Wales.
(2) The individual is
qualified for general registration in paramedicine for the purposes of
section 52(1)(a).
(3) This section
applies despite section 53.
(4) Nothing in this
section makes a Diploma of Paramedical Science issued by the Ambulance Service
of New South Wales an approved qualification for section 53(b).
Diploma of Paramedical Science means any of the following:
(a) a
Diploma of Paramedical Science;
(b) a
Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of
Paramedical Science (Ambulance);
(c) a
Diploma in Paramedical Science (Pre-Hospital Care) or an Advanced Diploma
Paramedical Sciences (Pre-Hospital Care);
(d) a
qualification—
(i)
that has replaced the diploma mentioned in
paragraph (a) and is prescribed by regulation; and
(ii)
issued by the Ambulance Service of New South Wales.
313—Provisions that apply to student registration for Diploma of
Paramedical Science
A Diploma of Paramedical Science issued by the Ambulance Service of New South
Wales is taken to be an approved program of study for Part 7,
Division 7, Subdivisions 1 and 3.
314—Applications for registration in paramedicine and period of
registration
(1) An individual may
apply to the Paramedicine Board for registration in paramedicine—
(a)
before the participation day; and
(b)
after the day decided by the Board under section 308(3)(c).
(2)
Subsection (3) applies if an individual applies for registration in
paramedicine under subsection (1) and the Board grants the application
under Part 7.
(3) Despite
section 56, the registration period—
(a) does
not start until the participation day; and
(b) may
be a period of not more than 2 years decided by the Board.
315—Applications for registration in paramedicine made but not decided
before participation day
(1) This section
applies if—
(a)
before the participation day an individual applies to the Paramedicine Board
for registration in paramedicine; and
(b) the
application is not decided by the Board by the participation day; and
(c)
while the application for registration is being decided, the individual takes
or uses a title, or does anything else, relating to paramedicine, that would
contravene section 113 or 116.
(2) The individual
does not commit an offence against section 113 or 116 while the
application is being decided.
Note—
See section 85 for when an application not decided by a National Board is
taken to be a decision to refuse the application.
316—Period after participation day during which an individual does not
commit an offence under sections 113 and 116
(1) This section
applies if an individual eligible for registration in paramedicine—
(a) has
not applied to the Paramedicine Board for registration in paramedicine before
the participation day; and
(b)
takes or uses a title, or does anything else, relating to paramedicine, that
would contravene section 113 or 116.
Note—
An individual may be qualified for general registration in paramedicine under
section 311 or 312.
(2) The individual
does not commit an offence against section 113 or 116 during the period
of 90 days after the participation day.
317—Application of sections 113 and 116 to individual temporarily
practising paramedicine in another jurisdiction
(1) This section
applies to an individual who—
(a)
usually practises paramedicine in a participating jurisdiction that has yet to
enact a law that substantially corresponds with the provisions of this Law
about paramedicine; and
(b)
temporarily takes or uses a title or does anything else, relating to
paramedicine in another jurisdiction, that would contravene section 113
or 116; and
(c)
complies with any regulation made under this Law about temporarily taking or
using a title or doing anything else, relating to paramedicine in another
jurisdiction.
(2) The individual
does not commit an offence against section 113 or 116.
(3) In this
section—
another jurisdiction means a participating jurisdiction in which the
provisions of this Law about paramedicine apply.
Division 2—Other transitional provisions
318—Deciding review period for decision on application made under
section 125 before commencement
(1) This section
applies if—
(a)
before the commencement, a registered health practitioner or student applied
to a National Board under section 125 to change or remove a condition or
change or revoke an undertaking; and
(b)
immediately before the commencement, the application had not been decided by
the Board; and
(c)
after the commencement, the Board's decision results in a registration or
endorsement being subject to a condition, or an undertaking is still in place.
(2) The National Board
may decide a review period for the condition or undertaking under
section 125(6) and give the registered health practitioner or student
notice under section 125(6A).
319—Deciding review period for decision after notice given under
section 126 before commencement
(1) This section
applies if—
(a)
before the commencement, a National Board had given notice to a registered
health practitioner or student under section 126 about changing a
condition on the practitioner's or student's registration; and
(b)
immediately before the commencement the Board had not made a decision in
relation to the matter; and
(c)
after the commencement, the Board's decision results in the practitioner's or
student's registration being subject to a condition.
(2) The National Board
may decide a review period for the condition under section 126(6) and
give the registered health practitioner or student notice under
section 126(6A).
320—Membership of continued National Boards
(1) This section
applies if—
(a) a
person holds office as a member of a National Board immediately before the
commencement; and
(b) the
Board is continued in force after the commencement (the continued Board ) by a
regulation made under section 31.
(2) The person
continues to hold office as a member of the continued Board after the
commencement—
(a) on
the terms and conditions that applied to the person's appointment before
commencement; and
(b)
until the office of the member becomes vacant under this Law.
(3) Also, a person who
is Chairperson of a National Board immediately before the commencement
continues to hold office as Chairperson of the continued Board after the
commencement.
(4)
Subsection (5) applies if the process for appointing a person as a member
of a National Board is started but not completed before the commencement.
(5) The process may
continue after the commencement and the person may be appointed as a member of
the continued Board.
321—Offences relating to prohibition orders made before commencement
Section 196A also applies to a prohibition order made before the
commencement.
322—Register to include prohibition orders made before commencement
(1) For
section 222(4)(b) and section 223(b), a National Board may also
record in the register the names of persons subject to a prohibition order
made before the commencement.
(2) Also, for
section 227(b), a National Board may also include in the register copies
of prohibition orders made before the commencement.
323—Public national registers
(1) This section
applies to a register kept under section 222 or 223 immediately before
the commencement.
(2) The register
continues in force immediately after the commencement.
Part 14—Transitional provisions for Health Practitioner Regulation
National Law and Other Legislation Amendment Act 2022
324—Renaming of Agency Management Committee
(1) The renaming of
the Agency Management Committee by the Health Practitioner Regulation National
Law and Other Legislation Amendment Act 2022 does not affect the validity
of an appointment of a person to the Committee before the renaming.
(2) In this
section—
Agency Management Committee means the Australian Health Practitioner
Regulation Agency Management Committee established by section 29, as in
force immediately before the commencement of this section.
325—Saving of endorsement of midwife practitioner
(1) If, immediately
before the commencement of section 75 of the Health Practitioner
Regulation National Law and Other Legislation Amendment Act 2022 , a
registered health practitioner's registration was endorsed as being qualified
to practise as a midwife practitioner, the practitioner may do any of the
following as if section 96 had not been repealed—
(a) if
the practitioner continues to comply with any approved registration standard
relevant to the endorsement—continue to hold and renew the endorsement,
subject to any conditions stated in the endorsement;
(b)
while holding the endorsement, use the title "midwife practitioner" or
otherwise hold themself out as holding the endorsement.
(2) Section 119
continues to apply in relation to a claim by any other registered
health practitioner to hold, or to be qualified to hold, an endorsement as a
midwife practitioner as if section 96 had not been repealed.
Part 15—Transitional provision for Health Practitioner Regulation
National Law (Surgeons) Amendment Act 2023
326—Application of sections 196A, 222, 223 and 227 to particular
prohibition orders
(1) This section
applies in relation to a prohibition order that is—
(a) a
decision by a responsible tribunal of this jurisdiction under
section 196(4)(c); or
(b) a
decision by a responsible tribunal of another jurisdiction under
section 196(4)(c) as it applies in the other jurisdiction.
(2) Sections 196A,
222, 223 and 227 apply in relation to the prohibition order even if the order
was made before the commencement.