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


HEALTH PRACTITIONER REGULATION NATIONAL LAW (WA) BILL 2010

                    Western Australia


Health Practitioner Regulation National Law
               (WA) Bill 2010

                       CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                        2
 2.    Commencement                                       2
 3.    Terms used                                         2
       Part 2 -- Application of Health
            Practitioner Regulation National
            Law
 4.    Application of Health Practitioner Regulation
       National Law                                       3
 5.    Meaning of generic terms in Health Practitioner
       Regulation National Law (Western Australia) for
       purposes of this jurisdiction                      4
 6.    Responsible tribunal for Health Practitioner
       Regulation National Law (Western Australia)        4
 7.    Exclusion of legislation of this jurisdiction      5
       Part 3 -- Provisions specific to this
            jurisdiction
 8.    Transfer of certain property exempt from duty      6
 9.    Minister's direction                               6
 10.   Police Commissioner may give criminal history
       information                                        6
 11.   Review of decision by State Administrative
       Tribunal as responsible tribunal                   7
 12.   Regulations                                        7
 13.   Review of Act                                      7


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              Part 4 -- Repeals, transitional and
                   saving provisions
              Division 1 -- Repeals
      14.     Acts repealed                                       8
      15.     Codes of practice, regulations and rules repealed   8
              Division 2 -- Transitional and saving provisions
      16.     Term used: former Act                                9
      17.     Complaints and matters being dealt with on the
              participation day                                    9
      18.     Annual reports for part of a year                   10
      19.     School dental therapists                            11
      20.     Determination of area of need                       11
      21.     Transitional regulations                            11
              Part 5 -- Consequential amendments
              Division 1 -- Adoption Act 1994 amended
      22.     Act amended                                         13
      23.     Section 4 amended                                   13
              Division 2 -- Alcohol and Drug Authority
                    Act 1974 amended
      24.     Act amended                                         13
      25.     Section 4 amended                                   13
              Division 3 -- Anatomy Act 1930 amended
      26.     Act amended                                         13
      27.     Section 2 amended                                   14
              Division 4 -- Bail Act 1982 amended
      28.     Act amended                                         14
      29.     Schedule 1 amended                                  14
              Division 5 -- Biosecurity and Agriculture
                    Management Act 2007 amended
      30.     Act amended                                         14
      31.     Section 6 amended                                   15
      32.     Section 118 amended                                 15
              Division 6 -- Births, Deaths and Marriages
                    Registration Act 1998 amended
      33.     Act amended                                         15
      34.     Section 4 amended                                   15


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      Division 7 -- Blood Donation (Limitation of
            Liability) Act 1985 amended
35.   Act amended                                          16
36.   Section 3 amended                                    16
37.   Section 11 amended                                   16
      Division 8 -- Children and Community Services
            Act 2004 amended
38.   Act amended                                          16
39.   Section 124A amended                                 16
      Division 9 -- Civil Liability Act 2002 amended
40.   Act amended                                          17
41.   Section 5PA amended                                  17
42.   Section 5AB amended                                  19
      Division 10 -- Constitution Acts Amendment
            Act 1899 amended
43.   Act amended                                          19
44.   Schedule V Part 3 amended                            20
      Division 11 -- Coroners Act 1996 amended
45.   Act amended                                          22
46.   Section 3 amended                                    23
      Division 12 -- Corruption and Crime
            Commission Act 2003 amended
47.   Act amended                                          23
48.   Section 54 amended                                   23
      Division 13 -- Court Security and Custodial
            Services Act 1999 amended
49.   Act amended                                          23
50.   Section 3 amended                                    24
      Division 14 -- Cremation Act 1929 amended
51.   Act amended                                          24
52.   Section 2 amended                                    24
      Division 15 -- Criminal Injuries Compensation
            Act 2003 amended
53.   Act amended                                          25
54.   Section 3 amended                                    25
      Division 16 -- Criminal Investigation
            (Identifying People) Act 2002 amended
55.   Act amended                                          26

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      56.     Section 52 amended                                     26
              Division 17 -- Criminal Investigation Act 2006
                    amended
      57.     Act amended                                            26
      58.     Section 73 amended                                     27
              Division 18 -- Criminal Property Confiscation
                    Act 2000 amended
      59.     Act amended                                            27
      60.     Glossary amended                                       28
              Division 19 -- Diamond (Argyle Diamond Mines
                    Joint Venture) Agreement Act 1981
                    amended
      61.     Act amended                                            28
      62.     Section 14 amended                                     28
              Division 20 -- Firearms Act 1973 amended
      63.     Act amended                                            28
      64.     Section 4 amended                                      29
      65.     Section 23B amended                                    29
              Division 21 -- Gender Reassignment Act 2000
                    amended
      66.     Act amended                                            29
      67.     Section 3 amended                                      30
              Division 22 -- Health Act 1911 amended
      68.     Act amended                                            30
      69.     Section 3 amended                                      30
      70.     Section 246A amended                                   31
      71.     Section 246D amended                                   31
      72.     Section 331 inserted                                   31
              331.     Terms used in this Part                  31
      73.     Section 337 amended                                    32
      74.     Section 337A amended                                   32
              Division 23 -- Health Legislation Administration
                    Act 1984 amended
      75.     Act amended                                            32
      76.     Section 6 amended                                      32
              Division 24 -- Health Professionals (Special
                    Events Exemption) Act 2000 amended
      77.     Act amended                                            33


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78.    Section 3 amended                                          33
       Division 25 -- Health Services (Conciliation and
             Review) Act 1995 amended
79.    Act amended                                                33
80.    Section 11 amended                                         34
81.    Section 31 replaced                                        34
       31.     Complaints not dealt with by National
               Board under the Health Practitioner
               Regulation National Law (Western
               Australia)                                  34
       32A.    Notice that complaint being dealt with by
               National Board                              34
82.    Section 33 amended                                         34
83.    Section 34 amended                                         35
84.    Section 35 amended                                         35
85.    Section 43 amended                                         36
86.    Section 44 amended                                         36
87.    Section 46 deleted                                         36
88.    Section 49 deleted                                         36
89.    Sections 53, 54 and 55 deleted                             36
90.    Section 71 amended                                         36
91.    Schedule 1 amended                                         36
       Division 26 -- Hospitals and Health Services
             Act 1927 amended
92.    Act amended                                                38
93.    Section 2 amended                                          38
       Division 27 -- Human Reproductive Technology
             Act 1991 amended
94.    Act amended                                                39
95.    Section 3 amended                                          39
       Division 28 -- Human Tissue and Transplant
             Act 1982 amended
96.    Act amended                                                39
97.    Section 3 amended                                          39
       Division 29 -- Industrial Relations Act 1979
             amended
98.    Act amended                                                39
99.    Section 72B amended                                        40
100.   Section 97WR amended                                       40



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              Division 30 -- Juries Act 1957 amended
      101.    Act amended                                      40
      102.    Second Schedule amended                          40
              Division 31 -- Liquor Control Act 1988 amended
      103.    Act amended                                      41
      104.    Section 6 amended                                41
              Division 32 -- Magistrates Court Act 2004
                    amended
      105.    Act amended                                      42
      106.    Schedule 1 amended                               42
              Division 33 -- Medical Radiation Technologists
                    Act 2006 amended
      107.    Act amended                                      42
      108.    Section 3 amended                                43
              Division 34 -- Mental Health Act 1996 amended
      109.    Act amended                                      43
      110.    Section 3 amended                                43
      111.    Section 17 deleted                               44
      112.    Section 19 amended                               44
              Division 35 -- Miner's Phthisis Act 1922
                    amended
      113.    Act amended                                      45
      114.    Section 8 amended                                45
              Division 36 -- Minimum Conditions of
                    Employment Act 1993 amended
      115.    Act amended                                      45
      116.    Section 3 amended                                46
              Division 37 -- Misuse of Drugs Act 1981
                    amended
      117.    Act amended                                      46
      118.    Section 3 amended                                46
              Division 38 -- Oaths, Affidavits and Statutory
                    Declarations Act 2005 amended
      119.    Act amended                                      47
      120.    Schedule 2 amended                               47
              Division 39 -- Occupational Therapists Act 2005
                    amended
      121.    Act amended                                      48

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122.   Section 3 amended                                       48
       Division 40 -- Poisons Act 1964 amended
123.   Act amended                                             49
124.   Section 5 amended                                       49
125.   Section 8 amended                                       50
126.   Section 20 amended                                      50
127.   Section 23 amended                                      52
128.   Section 24 amended                                      54
129.   Section 26 amended                                      54
130.   Section 30 amended                                      54
131.   Section 50 amended                                      55
132.   Section 55C amended                                     55
133.   Section 61 replaced                                     56
       61.     Evidence of qualifications              56
134.   Section 64 amended                                      57
       Division 41 -- Prisons Act 1981 amended
135.   Act amended                                             57
136.   Section 3 amended                                       57
137.   Section 46 amended                                      58
       Division 42 -- Prostitution Act 2000 amended
138.   Act amended                                             58
139.   Section 29 amended                                      58
       Division 43 -- Queen Elizabeth II Medical
             Centre Act 1966 amended
140.   Act amended                                             59
141.   Section 16 amended                                      59
       Division 44 -- Radiation Safety Act 1975
             amended
142.   Act amended                                             59
143.   Section 4 amended                                       59
144.   Section 13 amended                                      60
145.   Section 24A amended                                     60
146.   Section 26 amended                                      60
147.   Section 27 amended                                      61
148.   Section 37A inserted                                    62
       37A.    Conflict or inconsistency between
               conditions imposed under Health
               Practitioner Regulation National Law
               (Western Australia) and this Act        62



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      149.    Section 40A inserted                                  63
              40A.     Notifications to Radiological Council   63
              Division 45 -- Road Traffic Act 1974 amended
      150.    Act amended                                           64
      151.    Section 63 amended                                    64
      152.    Section 64AB amended                                  65
      153.    Section 65 amended                                    65
              Division 46 -- Sentencing Act 1995 amended
      154.    Act amended                                           66
      155.    Schedule 1 amended                                    66
              Division 47 -- State Administrative Tribunal
                    Act 2004 amended
      156.    Act amended                                           66
      157.    Schedule 1 amended                                    66
              Division 48 -- Veterinary Chemical Control and
                    Animal Feeding Stuffs Act 1976 amended
      158.    Act amended                                           67
      159.    Section 5 amended                                     68
      160.    Section 65 amended                                    68
              Division 49 -- Veterinary Surgeons Act 1960
                    amended
      161.    Act amended                                           68
      162.    Section 28 amended                                    69
              Division 50 -- Workers' Compensation and
                    Injury Management Act 1981 amended
      163.    Act amended                                           69
      164.    Section 5 amended                                     69
              Division 51 -- Young Offenders Act 1994
                    amended
      165.    Act amended                                           70
      166.    Section 179 amended                                   71
              Schedule -- Health Practitioner
                  Regulation National Law
              Part 1 -- Preliminary
      1.      Short title                                           72
      2.      Commencement                                          72
      3.      Objectives and guiding principles                     72

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4.    How functions to be exercised                        73
5.    Terms used                                           73
6.    Interpretation generally                             84
7.    Single national entity                               84
8.    Extraterritorial operation of Law                    84
9.    Trans-Tasman mutual recognition principle            85
10.   Law binds the State                                  85
      Part 2 -- Ministerial Council
11.   Policy directions                                    86
12.   Approval of registration standards                   87
13.   Approvals in relation to specialist registration     87
14.   Approval of endorsement in relation to scheduled
      medicines                                            88
15.   Approval of areas of practice for purposes of
      endorsement                                          89
16.   How Ministerial Council exercises functions          89
17.   Notification and publication of directions and
      approvals                                            89
      Part 3 -- Australian Health Workforce
             Advisory Council
18.   Establishment of Advisory Council                    90
19.   Function of Advisory Council                         90
20.   Publication of advice                                90
21.   Powers of Advisory Council                           90
22.   Membership of Advisory Council                       91
      Part 4 -- Australian Health Practitioner
             Regulation Agency
      Division 1 -- National Agency
23.   National Agency                                      92
24.   General powers of National Agency                    92
25.   Functions of National Agency                         92
26.   Health profession agreements                         93
27.   Cooperation with participating jurisdictions and
      Commonwealth                                         94
28.   Office of National Agency                            95
      Division 2 -- Agency Management Committee
29.   Agency Management Committee                          95
30.   Functions of Agency Management Committee             96



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              Part 5 -- National Boards
              Division 1 -- National Boards
     31.      Establishment of National Boards                      97
     32.      Powers of National Board                              98
     33.      Membership of National Boards                         99
     34.      Eligibility for appointment                          100
              Division 2 -- Functions of National Boards
     35.      Functions of National Boards                         101
     36.      State and Territory Boards                           103
     37.      Delegation of functions                              104
              Division 3 -- Registration standards and codes and
                     guidelines
     38.      National Board must develop registration standards   105
     39.      Codes and guidelines                                 106
     40.      Consultation about registration standards, codes
              and guidelines                                       106
     41.      Use of registration standards, codes or guidelines
              in disciplinary proceedings                          107
              Part 6 -- Accreditation
              Division 1 -- Preliminary
     42.      Term used: accreditation function                    108
              Division 2 -- Accreditation authorities
     43.      Accreditation authority to be decided                108
     44.      National Agency may enter into contracts with
              external accreditation entities                      109
     45.      Accreditation processes to be published              109
              Division 3 -- Accreditation functions
     46.      Development of accreditation standards               109
     47.      Approval of accreditation standards                  110
     48.      Accreditation of programmes of study                 111
     49.      Approval of accredited programmes of study           111
     50.      Accreditation authority to monitor approved
              programmes of study                                  112
     51.      Changes to approval of programme of study            113
              Part 7 -- Registration of health practitioners
              Division 1 -- General registration
     52.      Eligibility for general registration                 115
     53.      Qualifications for general registration              115


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54.   Examination or assessment for general registration    116
55.   Unsuitability to hold general registration            116
56.   Period of general registration                        118
      Division 2 -- Specialist registration
57.   Eligibility for specialist registration               118
58.   Qualifications for specialist registration            119
59.   Examination or assessment for specialist
      registration                                          119
60.   Unsuitability to hold specialist registration         119
61.   Period of specialist registration                     120
      Division 3 -- Provisional registration
62.   Eligibility for provisional registration              120
63.   Unsuitability to hold provisional registration        121
64.   Period of provisional registration                    121
      Division 4 -- Limited registration
65.   Eligibility for limited registration                  122
66.   Limited registration for postgraduate training or
      supervised practice                                   122
67.   Limited registration for area of need                 123
68.   Limited registration in public interest               124
69.   Limited registration for teaching or research         124
70.   Unsuitability to hold limited registration            124
71.   Limited registration not to be held for more than
      one purpose                                           124
72.   Period of limited registration                        124
      Division 5 -- Non-practicing registration
73.   Eligibility for non-practicing registration           125
74.   Unsuitability to hold non-practicing registration     126
75.   Registered health practitioner who holds
      non-practicing registration must not practise the
      profession                                            126
76.   Period of non-practicing registration                 126
      Division 6 -- Application for registration
77.   Application for registration                          127
78.   Power to check applicant's proof of identity          128
79.   Power to check applicant's criminal history           128
80.   Boards' other powers before deciding application
      for registration                                      128



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      81.     Applicant may make submissions about proposed
              refusal of application or imposition of condition      130
      82.     Decision about application                             130
      83.     Conditions of registration                             131
      84.     Notice to be given to applicant                        132
      85.     Failure to decide application                          132
              Division 7 -- Student registration
              Subdivision 1 -- Persons undertaking approved
                    programmes of study
      86.     Terms used                                             132
      87.     National Board must register persons undertaking
              approved programme of study                            133
      88.     National Board may ask education provider for list
              of persons undertaking approved programme of
              study                                                  133
      89.     Registration of students                               134
      90.     Period of student registration                         135
              Subdivision 2 -- Other persons to be registered as
                    students
      91.     Education provider to provide lists of persons         135
              Subdivision 3 -- General provisions applicable to
                    students
      92.     Notice to be given if student registration suspended
              or condition imposed                                   136
      93.     Report to National Board of cessation of status as
              student                                                137
              Division 8 -- Endorsement of registration
              Subdivision 1 -- Endorsement in relation to
                    scheduled medicines
      94.     Endorsement for scheduled medicines                    138
              Subdivision 2 -- Endorsement in relation to nurse
                    practitioners
      95.     Endorsement as nurse practitioner                      139
              Subdivision 3 -- Endorsement in relation to midwife
                    practitioners
      96.     Endorsement as midwife practitioner                    139
              Subdivision 4 -- Endorsement in relation to
                    acupuncture
      97.     Endorsement for acupuncture                            140


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       Subdivision 5 -- Endorsements in relation to
             approved areas of practice
98.    Endorsement for approved area of practice               141
       Subdivision 6 -- Application for endorsement
99.    Application for endorsement                             141
100.   Boards' other powers before deciding application
       for endorsement                                         142
101.   Applicant may make submissions about proposed
       refusal of application or imposition of condition       143
102.   Decision about application                              143
103.   Conditions of endorsement                               143
104.   Notice of decision to be given to applicant             144
105.   Period of endorsement                                   144
106.   Failure to decide application for endorsement           144
       Division 9 -- Renewal of registration
107.   Application for renewal of registration or
       endorsement                                             145
108.   Registration taken to continue in force                 145
109.   Annual statement                                        146
110.   National Board's powers before making decision          147
111.   Applicant may make submissions about proposed
       refusal of application for renewal or imposition of
       condition                                               147
112.   Decision about application for renewal                  148
       Division 10 -- Title and practice protections
       Subdivision 1 -- Title protections
113.   Restriction on use of protected titles                  150
114.   Use of title "acupuncturist"                            152
115.   Restriction on use of specialist titles                 152
116.   Claims by persons as to registration as health
       practitioner                                            153
117.   Claims by persons as to registration in particular
       profession or division                                  154
118.   Claims by persons as to specialist registration         155
119.   Claims about type of registration or registration in
       recognised specialty                                    157
120.   Registered health practitioner registered on
       conditions                                              158
       Subdivision 2 -- Practice protections
121.   Restricted dental acts                                  158

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      122.    Restriction on prescription of optical appliances     159
      123.    Restriction on spinal manipulation                    160
              Division 11 -- Miscellaneous
              Subdivision 1 -- Certificates of registration
      124.    Issue of certificate of registration                  161
              Subdivision 2 -- Review of conditions and
                    undertakings
      125.    Changing or removing conditions or undertaking
              on application by registered health practitioner or
              student                                               162
      126.    Changing conditions on Board's initiative             163
      127.    Removal of condition or revocation of undertaking     165
              Subdivision 3 -- Obligations of registered health
                    practitioners and students
      128.    Continuing professional development                   165
      129.    Professional indemnity insurance arrangements         166
      130.    Registered health practitioner or student to give
              National Board notice of certain events               166
      131.    Change in principal place of practice, address or
              name                                                  168
      132.    National Board may ask registered health
              practitioner for employer's details                   168
              Subdivision 4 -- Advertising
      133.    Advertising                                           169
              Subdivision 5 -- Board's powers to check identity
                    and criminal history
      134.    Evidence of identity                                  170
      135.    Criminal history check                                170
              Subdivision 6 -- General
      136.    Directing or inciting unprofessional conduct or
              professional misconduct                               171
      137.    Surrender of registration                             171
              Part 8 -- Health, performance and conduct
              Division 1 -- Preliminary
      138.    Part applicable to persons formerly registered
              under this Law                                        172
      139.    Part applicable to persons formerly registered
              under corresponding prior Act in certain
              circumstances                                         172

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       Division 2 -- Mandatory notifications
140.   Term used: notifiable conduct                           173
141.   Mandatory notifications by health practitioners         173
142.   Mandatory notifications by employers                    175
143.   Mandatory notifications by education providers          176
       Division 3 -- Voluntary notifications
144.   Grounds for voluntary notification                      176
145.   Who may make voluntary notification                     177
       Division 4 -- Making a notification
146.   How notification is made                                178
147.   National Agency to provide reasonable assistance
       to notifier                                             178
       Division 5 -- Preliminary assessment
148.   Referral of notification to National Board or
       co-regulatory authority                                 178
149.   Preliminary assessment                                  179
150.   Relationship with health complaints entity              180
151.   When National Board may decide to take no
       further action                                          181
152.   National Board to give notice of receipt of
       notification                                            182
       Division 6 -- Other matters
153.   National Board may deal with notifications about
       same person together                                    183
154.   National Boards may deal with notifications
       collaboratively                                         183
       Division 7 -- Immediate action
155.   Term used: immediate action                             183
156.   Power to take immediate action                          184
157.   Show cause process                                      185
158.   Notice to be given to registered health practitioner
       or student about immediate action                       185
159.   Period of immediate action                              186
       Division 8 -- Investigations
       Subdivision 1 -- Preliminary
160.   When investigation may be conducted                     187
161.   Registered health practitioner or student to be
       given notice of investigation                           187
162.   Investigation to be conducted in timely way             188

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              Subdivision 2 -- Investigators
      163.    Appointment of investigators                           188
      164.    Identity card                                          189
      165.    Display of identity card                               189
              Subdivision 3 -- Procedure after investigation
      166.    Investigator's report about investigation              190
      167.    Decision by National Board                             190
              Division 9 -- Health and performance assessments
      168.    Term used: assessment                                  190
      169.    Requirement for health assessment                      190
      170.    Requirement for performance assessment                 191
      171.    Appointment of assessor to carry out assessment        191
      172.    Notice to be given to registered health practitioner
              or student about assessment                            191
      173.    Assessor may require information or attendance         192
      174.    Inspection of documents                                192
      175.    Report from assessor                                   192
      176.    Copy of report to be given to health practitioner or
              student                                                193
      177.    Decision by National Board                             193
              Division 10 -- Action by National Board
      178.    National Board may take action                         194
      179.    Show cause process                                     195
      180.    Notice to be given to health practitioner or student
              and notifier                                           196
              Division 11 -- Panels
      181.    Establishment of health panel                          196
      182.    Establishment of performance and professional
              standards panel                                        197
      183.    List of approved persons for appointment to panels     198
      184.    Notice to be given to registered health practitioner
              or student                                             198
      185.    Procedure of panel                                     199
      186.    Legal representation                                   199
      187.    Submission by notifier                                 200
      188.    Panel may proceed in absence of registered health
              practitioner or student                                200
      189.    Hearing not open to the public                         200
      190.    Referral to responsible tribunal                       200
      191.    Decision of panel                                      201

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192.   Notice to be given about panel's decision              202
       Division 12 -- Referring matter to responsible
              tribunals
193.   Matters to be referred to responsible tribunal         203
194.   Parties to the proceedings                             204
195.   Costs                                                  204
196.   Decision by responsible tribunal about registered
       health practitioner                                    204
197.   Decision by responsible tribunal about student         206
198.   Relationship with Act establishing responsible
       tribunal                                               206
       Division 13 -- Appeals
199.   Appellable decisions                                   206
200.   Parties to the proceedings                             208
201.   Costs                                                  208
202.   Decision                                               208
203.   Relationship with Act establishing responsible
       tribunal                                               209
       Division 14 -- Miscellaneous
204.   Notice from adjudication body                          209
205.   Implementation of decisions                            209
206.   National Board to give notice to registered health
       practitioner's employer                                209
207.   Effect of suspension                                   210
       Part 9 -- Finance
208.   Australian Health Practitioner Regulation Agency
       Fund                                                  211
209.   Payments into Agency Fund                             211
210.   Payments out of Agency Fund                           212
211.   Investment of money in Agency Fund                    212
212.   Financial management duties of National Agency
       and National Boards                                    213
       Part 10 -- Information and privacy
       Division 1 -- Privacy
213.   Application of Commonwealth Privacy Act                215
       Division 2 -- Disclosure of information and
              confidentiality
214.   Term used: protected information                       216
215.   Application of Commonwealth FOI Act                    216

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      216.    Duty of confidentiality                                 216
      217.    Disclosure of information for workforce planning        217
      218.    Disclosure of information for information
              management and communication purposes                   218
      219.    Disclosure of information to other Commonwealth,
              State and Territory entities                            219
      220.    Disclosure to protect health or safety of patients or
              other persons                                           219
      221.    Disclosure to registration authorities                  220
              Division 3 -- Registers in relation to registered
                     health practitioner
      222.    National Registers                                      220
      223.    Specialists registers                                   222
      224.    Way registers are to be kept                            222
      225.    Information to be recorded in National Register         223
      226.    National Board may decide not to include or to
              remove certain information in register                  224
      227.    Register about former registered health
              practitioners                                           225
      228.    Inspection of registers                                 225
              Division 4 -- Student registers
      229.    Student registers                                       226
      230.    Information to be recorded in student register          226
              Division 5 -- Other records
      231.    Other records to be kept by National Boards             227
      232.    Record of adjudication decisions to be kept and
              made publicly available                                 227
              Division 6 -- Unique Identifier
      233.    Unique identifier to be given to each registered
              health practitioner                                     228
              Part 11 -- Miscellaneous
              Division 1 -- Provisions relating to persons
                     exercising functions under law
      234.    General duties of persons exercising functions
              under this Law                                          229
      235.    Application of Commonwealth Ombudsman Act               229
      236.    Protection from personal liability for persons
              exercising functions                                    230



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        Health Practitioner Regulation National Law (WA) Bill 2010



                                                          Contents



237.   Protection from liability for persons making
       notification or otherwise providing information     231
       Division 2 -- Inspectors
238.   Functions and powers of inspectors                  231
239.   Appointment of inspectors                           231
240.   Identity card                                       232
241.   Display of identity card                            232
       Division 3 -- Legal proceedings
242.   Proceedings for offences                            233
243.   Conduct may constitute offence and be subject of
       disciplinary proceedings                            233
244.   Evidentiary certificates                            234
       Division 4 -- Regulations
245.   National regulations                                235
246.   Parliamentary scrutiny of national regulations      235
247.   Effect of disallowance of national regulation       235
       Division 5 -- Miscellaneous
248.   Combined notice may be given                        235
249.   Fees                                                235
       Part 12 -- Transitional provisions
       Division 1 -- Preliminary
250.   Terms used                                          237
251.   References to registered health practitioners       237
       Division 2 -- Ministerial Council
252.   Directions given by Ministerial Council             238
253.   Accreditation functions exercised by existing
       accreditation entities                              238
254.   Health profession standards approved by
       Ministerial Council                                 239
255.   Accreditation standards approved by National
       Board                                               239
       Division 3 -- Advisory Council
256.   Members of Advisory Council                         239
       Division 4 -- National Agency
257.   Health profession agreements                        239
258.   Service agreement                                   240
       Division 5 -- Agency Management Committee
259.   Members of Agency Management Committee              240


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Health Practitioner Regulation National Law (WA) Bill 2010



Contents



              Division 6 -- Staff, consultants and contractors of
                     National Agency
     260.     Chief executive officer                              241
     261.     Staff                                                241
     262.     Consultants and contractors                          241
              Division 7 -- Reports
     263.     Annual report                                        242
              Division 8 -- National Boards
     264.     Members of National Boards                           242
     265.     Committees                                           242
     266.     Delegation                                           243
              Division 9 -- Agency Fund
     267.     Agency Fund                                          243
              Division 10 -- Offences
     268.     Offences                                             243
              Division 11 -- Registration
     269.     General registration                                 243
     270.     Specialist registration                              244
     271.     Provisional registration                             245
     272.     Limited registration                                 245
     273.     Limited registration (public interest-occasional
              practice)                                            245
     274.     Non-practicing registration                          246
     275.     Registration for existing registered students        246
     276.     Registration for new students                        246
     277.     Other registrations                                  247
     278.     Endorsements                                         248
     279.     Conditions imposed on registration or endorsement    248
     280.     Expiry of registration and endorsement               249
     281.     Protected titles for certain specialist health
              practitioners                                        249
     282.     First renewal of registration or endorsement         250
     283.     Programmes of study                                  250
     284.     Exemption from requirement for professional
              indemnity insurance arrangements for midwives
              practising private midwifery                         251
              Division 12 -- Applications for registration and
                     endorsement
     285.     Applications for registration                        252


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                                                             Contents



286.   Applications for endorsement                           252
287.   Disqualifications and conditions relevant to
       applications for registration                          253
       Division 13 -- Complaints, notifications and
              disciplinary proceedings
288.   Complaints and notifications made but not being
       dealt with on participation day                        253
289.   Complaints and notifications being dealt with on
       participation day                                      254
290.   Effect of suspension                                   254
291.   Undertakings and other agreements                      255
292.   Orders                                                 255
293.   List of approved persons                               255
       Division 14 -- Local registration authority
294.   Term used: transfer day                                256
295.   Assets and liabilities                                 256
296.   Records relating to registration and accreditation     257
297.   Financial and administrative records                   257
298.   Pharmacy businesses and premises                       257
299.   Members of local registration authority                258
       Division 15 -- Staged commencement for certain
              health professions
300.   Application of Law to relevant health profession
       between commencement and 1 July 2012                   258
301.   Ministerial Council may appoint external
       accreditation entity                                   259
302.   Application of Law to appointment of first
       National Board for relevant professions                259
303.   Qualifications for general registration in relevant
       profession                                             260
304.   Relationship with other provisions of Law              260
       Division 16 -- Savings and transitional regulations
305.   Savings and transitional regulations                   260
       Schedule 1 -- Constitution and procedure of
             Advisory Council
       Part 1 -- General
1.     Terms used                                             262




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Contents



              Part 2 -- Constitution
      2.      Terms of office of members                       262
      3.      Remuneration                                     262
      4.      Vacancy in office of member                      262
      5.      Extension of term of office during vacancy in
              membership                                       263
      6.      Disclosure of conflict of interest               263
              Part 3 -- Procedure
      7.      General procedure                                264
      8.      Quorum                                           265
      9.      Presiding member                                 265
      10.     Transaction of business outside meetings or by
              telecommunication                                265
      11.     First meeting                                    265
              Schedule 2 -- Agency Management Committee
              Part 1 -- General
      1.      Terms used                                       266
              Part 2 -- Constitution
      2.      Terms of office of members                       266
      3.      Remuneration                                     266
      4.      Vacancy in office of member                      266
      5.      Vacancies to be advertised                       267
      6.      Extension of term of office during vacancy in
              membership                                       267
      7.      Members to act in public interest                268
      8.      Disclosure of conflict of interest               268
              Part 3 -- Procedure
      9.      General procedure                                269
      10.     Quorum                                           269
      11.     Chief executive officer may attend meetings      269
      12.     Presiding member                                 269
      13.     Voting                                           270
      14.     Transaction of business outside meetings or by
              telecommunication                                270
      15.     First meeting                                    270
      16.     Defects in appointment of members                271




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       Health Practitioner Regulation National Law (WA) Bill 2010



                                                        Contents



      Schedule 3 -- National Agency
      Part 1 -- Chief executive officer
1.    Chief executive officer                             272
2.    Functions of chief executive officer                272
3.    Delegation and subdelegation by chief executive
      officer                                             272
4.    Vacancy in office                                   273
      Part 2 -- Staff, consultants and contractors
5.    Staff of National Agency                            273
6.    Staff seconded to National Agency                   273
7.    Consultants and contractors                         273
      Part 3 -- Reporting obligations
8.    Annual report                                       274
9.    Reporting by National Boards                        275
      Schedule 4 -- National Boards
      Part 1 -- General
1.    Terms used                                          276
      Part 2 -- Constitution
2.    Terms of office of members                          276
3.    Remuneration                                        276
4.    Vacancy in office of member                         276
5.    Vacancies to be advertised                          277
6.    Extension of term of office during vacancy in
      membership                                          277
7.    Members to act in public interest                   278
8.    Disclosure of conflict of interest                  278
      Part 3 -- Functions and powers
9.    Requirement to consult other National Boards        279
10.   Boards may obtain assistance                        280
11.   Committees                                          280
      Part 4 -- Procedure
12.   General procedure                                   280
13.   Quorum                                              280
14.   Presiding member                                    280
15.   Voting                                              281
16.   Transaction of business outside meetings or by
      telecommunication                                   281
17.   First meeting                                       281
18.   Defects in appointment of members                   281

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Health Practitioner Regulation National Law (WA) Bill 2010



Contents



              Schedule 5 -- Investigators
              Part 1 -- Power to obtain information
      1.      Powers of investigators                           282
      2.      Offence for failing to produce information or
              attend before investigator                        282
      3.      Inspection of documents                           283
              Part 2 -- Power to enter places
      4.      Entering places                                   283
      5.      Application for warrant                           283
      6.      Issue of warrant                                  284
      7.      Application by electronic communication           284
      8.      Procedure before entry under warrant              286
      9.      Powers after entering places                      286
      10.     Offences for failing to comply with requirement
              under clause 9                                    287
      11.     Seizure of evidence                               287
      12.     Securing seized things                            288
      13.     Receipt for seized things                         288
      14.     Forfeiture of seized thing                        289
      15.     Dealing with forfeited things                     289
      16.     Return of seized things                           289
      17.     Access to seized things                           290
              Part 3 -- General matters
      18.     Damage to property                                290
      19.     Compensation                                      291
      20.     False or misleading information                   291
      21.     False or misleading documents                     291
      22.     Obstructing investigators                         292
      23.     Impersonation of investigators                    292
              Schedule 6 -- Inspectors
              Part 1 -- Power to obtain information
      1.      Powers of inspectors                              293
      2.      Offence for failing to produce information or
              attend before inspector                           293
      3.      Inspection of documents                           294
              Part 2 -- Power to enter places
      4.      Entering places                                   294
      5.      Application for warrant                           294
      6.      Issue of warrant                                  295


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                                                         Contents



7.    Application by electronic communication             295
8.    Procedure before entry under warrant                297
9.    Powers after entering places                        297
10.   Offences for failing to comply with requirement
      under clause 9                                      298
11.   Seizure of evidence                                 299
12.   Securing seized things                              299
13.   Receipt for seized things                           299
14.   Forfeiture of seized thing                          300
15.   Dealing with forfeited things                       300
16.   Return of seized things                             301
17.   Access to seized things                             301
      Part 3 -- General matters
18.   Damage to property                                  301
19.   Compensation                                        302
20.   False or misleading information                     302
21.   False or misleading documents                       302
22.   Obstructing inspectors                              303
23.   Impersonation of inspectors                         303
      Schedule 7 -- Miscellaneous provisions relating
            to interpretation
      Part 1 -- Preliminary
1.    Displacement of Schedule by contrary intention      304
      Part 2 -- General
2.    Law to be construed not to exceed legislative
      power of Legislature                                304
3.    Every section to be a substantive enactment         304
4.    Material that is, and is not, part of this Law      304
5.    References to particular Acts and to enactments     305
6.    References taken to be included in Act or Law
      citation etc.                                       305
7.    Interpretation best achieving Law's purpose         306
8.    Use of extrinsic material in interpretation         306
9.    Effect of change of drafting practice and use of
      examples                                            308
10.   Use of examples                                     308
11.   Compliance with forms                               308




                                                         page xxv
Health Practitioner Regulation National Law (WA) Bill 2010



Contents



              Part 3 -- Terms and references
      12.     Terms used                                           309
      13.     Provisions relating to defined terms and gender
              and number                                           313
      14.     Meaning of "may" and "must" etc.                     313
      15.     Words and expressions used in statutory
              instruments                                          314
      16.     Effect of express references to bodies corporate
              and individuals                                      314
      17.     Production of records kept in computers etc.         314
      18.     References to this jurisdiction to be implied        315
      19.     References to officers and holders of offices        315
      20.     Reference to certain provisions of Law               315
      21.     Reference to provisions of this Law or an Act is
              inclusive                                            316
              Part 4 -- Functions and powers
      22.     Performance of statutory functions                   316
      23.     Power to make instrument or decision includes
              power to amend or repeal                             317
      24.     Matters for which statutory instruments may make
              provision                                            317
      25.     Presumption of validity and power to make            318
      26.     Appointments may be made by name or office           319
      27.     Acting appointments                                  319
      28.     Powers of appointment imply certain incidental
              powers                                               320
      29.     Delegation of functions                              321
      30.     Exercise of powers between enactment and
              commencement                                         323
              Part 5 -- Distance, time and age
      31.     Matters relating to distance, time and age           326
              Part 6 -- Effect of repeal, amendment or expiration
      32.     Time of Law ceasing to have effect                   327
      33.     Repealed Law provisions not revived                  327
      34.     Saving of operation of repealed Law provisions       327
      35.     Continuance of repealed provisions                   328
      36.     Law and amending Acts to be read as one              328




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       Health Practitioner Regulation National Law (WA) Bill 2010



                                                        Contents



      Part 7 -- Instruments under Law
37.   Schedule applies to statutory instruments           328
      Part 8 -- Application to coastal sea
38.   Application                                         328
      Defined Terms




                                                       page xxvii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


  Health Practitioner Regulation National Law
                 (WA) Bill 2010


                               A Bill for


An Act to --
•  provide for a national registration and accreditation scheme for
   health practitioners; and
•  repeal various Acts; and
•  make consequential amendments to various Acts,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 1           Preliminary

     s. 1



 1                            Part 1 -- Preliminary
 2   1.         Short title
 3              This is the Health Practitioner Regulation National Law
 4              (WA) Act 2010.

 5   2.         Commencement
 6              This Act comes into operation as follows --
 7               (a) sections 1 and 2 -- on the day on which this Act
 8                     receives the Royal Assent;
 9               (b) the rest of the Act -- on a day fixed by proclamation,
10                     and different days may be fixed for different provisions.

11   3.         Terms used
12        (1)   For the purposes of this Act the local application provisions of
13              this Act are the provisions of this Act other than the Health
14              Practitioner Regulation National Law set out in the Schedule.
15        (2)   In the local application provisions of this Act --
16              Health Practitioner Regulation National Law (Western
17              Australia) means the provisions applying in this jurisdiction
18              because of section 4.
19        (3)   If a term is given a meaning in the Health Practitioner
20              Regulation National Law set out in the Schedule, it has the same
21              meaning in the local application provisions of this Act.




     page 2
                        Health Practitioner Regulation National Law (WA) Bill 2010
           Application of Health Practitioner Regulation National Law       Part 2

                                                                                 s. 4



 1              Part 2 -- Application of Health Practitioner
 2                       Regulation National Law
 3   4.          Application of Health Practitioner Regulation National Law
 4        (1)    The Health Practitioner Regulation National Law set out in the
 5               Schedule, as modified to give effect to subsections (5), (6) and
 6               (7) --
 7                 (a) applies as a law of this jurisdiction; and
 8                 (b) as so applying, may be referred to as the Health
 9                     Practitioner Regulation National Law (Western
10                     Australia); and
11                 (c) as so applying, is a part of this Act.
12        (2)    The power conferred by the Health Practitioner Regulation
13               National Law (Western Australia) section 245 to make
14               regulations for the purposes of that Law does not extend to
15               making a regulation relating to the safe operation or use by a
16               medical radiation practitioner of an electronic product,
17               irradiating apparatus or radioactive substance as those terms are
18               defined in the Radiation Safety Act 1975 section 4.
19        (3)    The Health Practitioner Regulation National Law (Western
20               Australia) sections 295 to 297 do not apply to an asset, liability,
21               contract, property or record of the Council that relate to the
22               management of the unincorporated Pharmaceutical Society by
23               the Council.
24        (4)    In subsection (3) --
25               Council means the Pharmaceutical Council of Western
26               Australia referred to in the Pharmacy Act 1964 section 7(1);
27               unincorporated Pharmaceutical Society means the
28               Pharmaceutical Society of Western Australia referred to in the
29               Pharmacy Act 1964 section 6(1).




                                                                             page 3
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 2           Application of Health Practitioner Regulation National Law

     s. 5



 1        (5)   In the Schedule section 3(3)(c) delete "and are of an appropriate
 2              quality." and insert:
 3

 4                  consistent with best practice principles.
 5

 6        (6)   In the Schedule section 113 in the Table delete "medical
 7              practitioner" and insert:
 8

 9                  medical practitioner, physician
10

11        (7)   In the Schedule after section 141(4)(c) insert:
12

13                    (da)    the first health practitioner forms the reasonable
14                            belief in the course of providing health services
15                            to the second health practitioner or student; or
16


17   5.         Meaning of generic terms in Health Practitioner Regulation
18              National Law (Western Australia) for purposes of this
19              jurisdiction
20              In the Health Practitioner Regulation National Law (Western
21              Australia) --
22              magistrate means a magistrate appointed under the Magistrates
23              Court Act 2004;
24              Magistrates Court means the Magistrates Court of Western
25              Australia established under the Magistrates Court Act 2004;
26              this jurisdiction means Western Australia.

27   6.         Responsible tribunal for Health Practitioner Regulation
28              National Law (Western Australia)
29              The State Administrative Tribunal established under the State
30              Administrative Tribunal Act 2004 is declared to be the
31              responsible tribunal for this jurisdiction for the purposes of the


     page 4
                        Health Practitioner Regulation National Law (WA) Bill 2010
           Application of Health Practitioner Regulation National Law       Part 2

                                                                              s. 7



 1              Health Practitioner Regulation National Law (Western
 2              Australia).

 3   7.         Exclusion of legislation of this jurisdiction
 4        (1)   Except as provided in subsection (2), the following Acts of this
 5              jurisdiction do not apply to the Health Practitioner Regulation
 6              National Law (Western Australia) or to the instruments made
 7              under that Law --
 8                (a) the Auditor General Act 2006;
 9                (b) the Financial Management Act 2006;
10                (c) the Freedom of Information Act 1992;
11                (d) the Interpretation Act 1984;
12                (e) the Parliamentary Commissioner Act 1971;
13                 (f) the Public Sector Management Act 1994.
14        (2)   Sections 41 and 42 of the Interpretation Act 1984 apply to
15              regulations made under the Health Practitioner Regulation
16              National Law (Western Australia).




                                                                           page 5
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 3           Provisions specific to this jurisdiction

     s. 8



 1           Part 3 -- Provisions specific to this jurisdiction
 2   8.          Transfer of certain property exempt from duty
 3         (1)   In this section, dutiable property and dutiable transaction have
 4               the respective meanings given in the Duties Act 2008 section 3.
 5         (2)   A dutiable transaction relating to the transfer of any dutiable
 6               property from a local registration authority to the National
 7               Agency in accordance with the Health Practitioner Regulation
 8               National Law (Western Australia) is exempt from duty under
 9               the Duties Act 2008.
10   9.          Minister's direction
11         (1)   The Minister may, by written notice given to a local registration
12               authority established under an Act repealed by section 14, direct
13               that authority --
14                 (a) to transfer any of the local registration authority's funds
15                       to the National Agency before the participation day for
16                       this jurisdiction; and
17                 (b) to give information to the National Agency before the
18                       participation day for this jurisdiction; and
19                 (c) to sign any documents that are required to enable
20                       transition to the proposed national registration and
21                       accreditation scheme; and
22                 (d) to take any action or do any other thing required to
23                       enable transition to the national registration and
24                       accreditation scheme.
25         (2)   A local registration authority is to comply with any direction
26               given by the Minister under subsection (1).
27   10.         Police Commissioner may give criminal history information
28         (1)   In this section --
29               criminal history information means information about a
30               person's criminal history that may be included in a written
31               report under the Health Practitioner Regulation National Law
32               (Western Australia) section 79 or 135.

     page 6
                        Health Practitioner Regulation National Law (WA) Bill 2010
                                Provisions specific to this jurisdiction    Part 3

                                                                                s. 11



 1         (2)   The Commissioner of Police appointed under the Police
 2               Act 1892 section 5 may give criminal history information to --
 3                (a) a National Board; or
 4                (b) CrimTrac, or a police force or service of the
 5                      Commonwealth or another State or a Territory, for the
 6                      purpose of CrimTrac or the police force or service
 7                      giving the criminal history information to a National
 8                      Board.

 9   11.         Review of decision by State Administrative Tribunal as
10               responsible tribunal
11               A reference in the Health Practitioner Regulation National Law
12               (Western Australia) to an appeal against a decision is, for an
13               appeal to the State Administrative Tribunal as the responsible
14               tribunal, a reference to a review of the decision as provided
15               under the State Administrative Tribunal Act 2004 Part 3
16               Division 3.

17   12.         Regulations
18               The Governor may make regulations prescribing all matters that
19               are required or permitted by this Act to be prescribed, or are
20               necessary or convenient to be prescribed for giving effect to the
21               purposes of this Act.

22   13.         Review of Act
23         (1)   The Minister is to carry out a review of the operation and
24               effectiveness of this Act as soon as is practicable after 5 years
25               have elapsed since the Act comes into operation.
26         (2)   The Minister is to prepare a report based on the review carried
27               out under subsection (1) and is to cause the report to be laid
28               before each House of Parliament as soon as is practicable after
29               the report is prepared, and in any event in relation to a review
30               under subsection (1), not later than 12 months after the
31               requirement for the review arose.


                                                                              page 7
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 4           Repeals, transitional and saving provisions
     Division 1       Repeals
     s. 14



 1    Part 4 -- Repeals, transitional and saving provisions
 2                               Division 1 -- Repeals
 3   14.         Acts repealed
 4               These Acts are repealed:
 5                 (a) the Chiropractors Act 2005;
 6                 (b) the Dental Act 1939;
 7                 (c) the Dental Prosthetists Act 1985;
 8                 (d) the Medical Practitioners Act 2008;
 9                 (e) the Medical Radiation Technologists Act 2006;
10                  (f) the Nurses and Midwives Act 2006;
11                 (g) the Occupational Therapists Act 2005;
12                 (h) the Optometrists Act 2005;
13                  (i) the Osteopaths Act 2005;
14                  (j) the Pharmacy Act 1964;
15                 (k) the Physiotherapists Act 2005;
16                  (l) the Podiatrists Act 2005;
17                (m) the Psychologists Act 2005.

18   15.         Codes of practice, regulations and rules repealed
19         (1)   These Codes of Practice are repealed:
20                (a) the Nurse Practitioners Code of Practice 2004;
21                (b) the Nurses Code of Practice 2000;
22                (c) the Occupational Therapists Code of Practice 2009.
23         (2)   These regulations are repealed:
24                (a) the Chiropractors Regulations 2007;
25                (b) the Dental Board Elections Regulations;
26                (c) the Dental Charges Committee Regulations 1973;
27                (d) the Dental Prosthetists Regulations 1986;

     page 8
                          Health Practitioner Regulation National Law (WA) Bill 2010
                            Repeals, transitional and saving provisions       Part 4
                                    Transitional and saving provisions   Division 2
                                                                                s. 16



 1                 (e)    the Medical Practitioners Regulations 2008;
 2                  (f)   the Medical Radiation Technologists Regulations 2007;
 3                 (g)    the Nurses and Midwives Regulations 2007;
 4                 (h)    the Occupational Therapists Regulations 2007;
 5                  (i)   the Optometrists Regulations 2006;
 6                  (j)   the Osteopaths Regulations 2006;
 7                 (k)    the Pharmacy Act Regulations 1976;
 8                  (l)   the Physiotherapists Regulations 2006;
 9                (m)     the Podiatrists Regulations 2006;
10                 (n)    the Psychologists Regulations 2007.
11         (3)   The Dental Board Rules 1973 are repealed.

12               Division 2 -- Transitional and saving provisions
13   16.         Term used: former Act
14               In this Division --
15               former Act means any of the Acts repealed by section 14.

16   17.         Complaints and matters being dealt with on the
17               participation day
18         (1)   Despite the Health Practitioner Regulation National Law
19               (Western Australia) section 289 this section applies if
20               immediately before the participation day --
21                 (a) a complaint about a person in relation to a competency
22                      matter, a disciplinary matter or an impairment matter
23                      was being dealt with under a former Act other than the
24                      Dental Act 1939 and the Pharmacy Act 1964; or
25                 (b) a matter was being dealt with under the Dental Act 1939
26                      section 30; or
27                 (c) a matter was being dealt with under the Pharmacy
28                      Act 1964 section 32(4).



                                                                              page 9
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 4           Repeals, transitional and saving provisions
     Division 2       Transitional and saving provisions
     s. 18



 1         (2)   If this section applies --
 2                 (a) the complaint or matter is to be dealt with by the
 3                        National Board for the health profession of the person as
 4                        if a reference to the local registration authority in the
 5                        former Act were a reference to the Board; and
 6                 (b) the complaint or matter is to continue to be dealt with
 7                        under the former Act under which it was made or dealt
 8                        with; and
 9                 (c) any committee dealing with the complaint or matter
10                        under the former Act is to continue dealing with the
11                        complaint or matter as if any provisions of the former
12                        Act relating to its establishment or constitution had not
13                        been repealed; and
14                 (d) any investigator appointed under the former Act to
15                        investigate the complaint or matter is to continue to do
16                        so as if the provision of the former Act under which he
17                        or she was appointed had not been repealed.
18         (3)   The National Board must give effect to a decision made in
19               relation to a complaint or matter as if it were a decision under
20               this Law.

21   18.         Annual reports for part of a year
22         (1)   A local registration authority is to make and submit an annual
23               report as required by the provision of the former Act under
24               which it was required to make and submit an annual report, but
25               limited to the period from the end of the period in relation to
26               which its last annual report was made to the participation day,
27               and that provision applies as if that period were a year.
28         (2)   Despite the repeal of the former Act under which it was
29               established and the Health Practitioner Regulation National
30               Law (Western Australia) Part 12, the local registration authority
31               remains in existence for the purpose of subsection (1) and is
32               entitled to receive from the National Agency and its staff such
33               assistance as it may require for the purpose.


     page 10
                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Repeals, transitional and saving provisions       Part 4
                                  Transitional and saving provisions   Division 2
                                                                              s. 19



 1   19.         School dental therapists
 2               Despite the Health Practitioner Regulation National Law
 3               (Western Australia) Part 12 Division 11, if a person
 4               immediately before the participation day held registration under
 5               the Dental Act 1939 as a school dental therapist, from the
 6               participation day the person is taken to hold general registration
 7               under that Law in the dental therapist profession.

 8   20.         Determination of area of need
 9               If, immediately before the participation day, a determination by
10               the Minister of an area of need for the purposes of the definition
11               of an unmet area of need in the Medical Practitioners Act 2008
12               section 34(1) is in force, on the participation day that area of
13               need is to be taken to be an area of need for health services in
14               this jurisdiction as if it had been decided under the Health
15               Practitioner Regulation National Law (Western Australia)
16               section 67(5) that it is an area of need for health services in this
17               jurisdiction in the medical profession.

18   21.         Transitional regulations
19         (1)   If there is no sufficient provision in this Part for dealing with a
20               transitional matter the Governor may make regulations
21               prescribing all matters that are required, necessary or convenient
22               to be prescribed in relation to that matter.
23         (2)   Regulations made under subsection (1) may provide that
24               specific provisions of the Health Practitioner Regulation
25               National Law (Western Australia) --
26                 (a) do not apply; or
27                 (b) apply with specific modifications,
28               to or in relation to any matter.
29         (3)   If regulations made under subsection (1) provide that a specified
30               state of affairs is to be taken to have existed, or not to have
31               existed, on and from a day that is earlier than the day on which
32               the regulations are published in the Gazette but not earlier than

                                                                             page 11
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 4           Repeals, transitional and saving provisions
     Division 2       Transitional and saving provisions
     s. 21



 1             the day on which section 2 commenced, the regulations have
 2             effect according to their terms.
 3      (4)    In subsection (3) --
 4             specified means specified or described in the regulations.
 5      (5)    If regulations contain a provision referred to in subsection (3),
 6             the provision does not operate so as --
 7               (a) to affect in a manner prejudicial to any person (other
 8                     than the State), the right of that person existing before
 9                     the day of publication of those regulations; or
10               (b) to impose liabilities on any person (other than the State
11                     or an authority of the State) in respect of anything done
12                     or omitted to be done before the day of publication of
13                     those regulations.
14      (6)    Regulations can only be made under this section before
15             1 July 2013.




     page 12
                   Health Practitioner Regulation National Law (WA) Bill 2010
                                   Consequential amendments            Part 5
                                   Adoption Act 1994 amended      Division 1
                                                                         s. 22



 1            Part 5 -- Consequential amendments
 2              Division 1 -- Adoption Act 1994 amended
 3   22.    Act amended
 4          This Division amends the Adoption Act 1994.

 5   23.    Section 4 amended
 6          In section 4(1) delete the definition of medical practitioner and
 7          insert:
 8

 9                medical practitioner means a person registered under
10                the Health Practitioner Regulation National Law
11                (Western Australia) in the medical profession;
12


13     Division 2 -- Alcohol and Drug Authority Act 1974 amended
14   24.    Act amended
15          This Division amends the Alcohol and Drug Authority Act 1974.

16   25.    Section 4 amended
17          In section 4 delete the definition of medical practitioner and
18          insert:
19

20                medical practitioner means a person registered under
21                the Health Practitioner Regulation National Law
22                (Western Australia) in the medical profession;
23


24              Division 3 -- Anatomy Act 1930 amended
25   26.    Act amended
26          This Division amends the Anatomy Act 1930.


                                                                      page 13
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 4       Bail Act 1982 amended
     s. 27



 1   27.       Section 2 amended
 2             In section 2 delete the definition of medical practitioner and
 3             insert:
 4

 5                   medical practitioner means a person registered under
 6                   the Health Practitioner Regulation National Law
 7                   (Western Australia) in the medical profession;
 8


 9                   Division 4 -- Bail Act 1982 amended
10   28.       Act amended
11             This Division amends the Bail Act 1982.

12   29.       Schedule 1 amended
13             In Schedule 1 Part D clause 2(7) delete the definition of medical
14             practitioner and "and" after it and insert:
15

16                   medical practitioner means a person registered under the
17                   Health Practitioner Regulation National Law (Western
18                   Australia) in the medical profession;
19


20   Division 5 -- Biosecurity and Agriculture Management Act 2007
21                              amended
22   30.       Act amended
23             This Division amends the Biosecurity and Agriculture
24             Management Act 2007.




     page 14
                      Health Practitioner Regulation National Law (WA) Bill 2010
                                      Consequential amendments            Part 5
      Births, Deaths and Marriages Registration Act 1998 amended     Division 6
                                                                            s. 31



 1   31.      Section 6 amended
 2            In section 6 in the definition of veterinary chemical product
 3            paragraph (a)(i) delete "pharmaceutical chemist registered under
 4            the Pharmacy Act 1964" and insert:
 5

 6                  person registered under the Health Practitioner
 7                  Regulation National Law (Western Australia) in the
 8                  pharmacy profession
 9


10   32.      Section 118 amended
11            In section 118(1)(m) delete "or a pharmaceutical chemist." and
12            insert:
13

14                          or a person registered under the Health
15                          Practitioner Regulation National Law (Western
16                          Australia) in the pharmacy profession.
17


18         Division 6 -- Births, Deaths and Marriages Registration
19                           Act 1998 amended
20   33.      Act amended
21            This Division amends the Births, Deaths and Marriages
22            Registration Act 1998.

23   34.      Section 4 amended
24            In section 4 delete the definition of doctor and insert:
25

26                  doctor means a person registered under the Health
27                  Practitioner Regulation National Law (Western
28                  Australia) in the medical profession;
29




                                                                         page 15
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 7       Blood Donation (Limitation of Liability) Act 1985 amended
     s. 35



 1    Division 7 -- Blood Donation (Limitation of Liability) Act 1985
 2                             amended
 3   35.         Act amended
 4               This Division amends the Blood Donation (Limitation of
 5               Liability) Act 1985.
 6   36.         Section 3 amended
 7               In section 3 delete the definition of medical practitioner and
 8               insert:
 9

10                     medical practitioner means a person registered under
11                     the Health Practitioner Regulation National Law
12                     (Western Australia) in the medical profession;
13

14   37.         Section 11 amended
15               Delete section 11(1)(e) and insert:
16

17                       (e)   registered under the Health Practitioner
18                             Regulation National Law (Western Australia)
19                             in the nursing and midwifery profession whose
20                             name is entered on Division 1 of the Register of
21                             Nurses kept under that Law as a registered
22                             nurse and is employed for the taking of tissue,
23

24               Division 8 -- Children and Community Services
25                            Act 2004 amended
26   38.         Act amended
27               This Division amends the Children and Community Services
28               Act 2004.
29   39.         Section 124A amended
30         (1)   In section 124A delete the definitions of:
31               doctor

     page 16
                        Health Practitioner Regulation National Law (WA) Bill 2010
                                        Consequential amendments            Part 5
                                    Civil Liability Act 2002 amended   Division 9
                                                                              s. 40



 1               midwife
 2               nurse
 3         (2)   In section 124A insert in alphabetical order:
 4

 5                     doctor means a person registered under the Health
 6                     Practitioner Regulation National Law (Western
 7                     Australia) in the medical profession;
 8                     midwife means a person registered under the Health
 9                     Practitioner Regulation National Law (Western
10                     Australia) whose name is entered on the Register of
11                     Midwives kept under that Law;
12                     nurse means a person registered under the Health
13                     Practitioner Regulation National Law (Western
14                     Australia) in the nursing and midwifery profession
15                     whose name is entered on the Register of Nurses kept
16                     under that Law;
17


18                Division 9 -- Civil Liability Act 2002 amended
19   40.         Act amended
20               This Division amends the Civil Liability Act 2002.

21   41.         Section 5PA amended
22         (1)   In section 5PA delete the definition of health professional and
23               insert:
24
25                     health professional means --
26                      (a) a person registered under the Health
27                            Practitioner Regulation National Law (Western
28                            Australia) in any of the following health
29                            professions --
30                              (i) chiropractic;



                                                                           page 17
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 9       Civil Liability Act 2002 amended
     s. 41



 1                           (ii) dental;
 2                          (iii) medical;
 3                          (iv) nursing and midwifery;
 4                           (v) optometry;
 5                          (vi) osteopathy;
 6                         (vii) pharmacy;
 7                        (viii) physiotherapy;
 8                          (ix) podiatry;
 9                           (x) psychology;
10                         or
11                    (b) any of the following --
12                            (i) a medical radiation technologist as
13                                defined in the Medical Radiation
14                                Technologists Act 2006 section 3;
15                           (ii) an occupational therapist as defined in
16                                the Occupational Therapists Act 2005
17                                section 3;
18                          (iii) any other person who practises a
19                                discipline or profession in the health
20                                area that involves the application of a
21                                body of learning.
22

23      (2)    In section 5PA delete the definition of health professional and
24             insert:
25
26                  health professional means --
27                   (a) a person registered under the Health
28                         Practitioner Regulation National Law (Western
29                         Australia) in any of the following health
30                         professions --
31                           (i) Aboriginal and Torres Strait Islander
32                                 health practice;


     page 18
                 Health Practitioner Regulation National Law (WA) Bill 2010
                                  Consequential amendments           Part 5
              Constitution Acts Amendment Act 1899 amended     Division 10
                                                                       s. 42



 1                       (ii) Chinese medicine;
 2                      (iii) chiropractic;
 3                      (iv) dental;
 4                       (v) medical;
 5                      (vi) medical radiation practice;
 6                     (vii) nursing and midwifery;
 7                    (viii) occupational therapy;
 8                      (ix) optometry;
 9                       (x) osteopathy;
10                      (xi) pharmacy;
11                     (xii) physiotherapy;
12                    (xiii) podiatry;
13                    (xiv) psychology;
14                     or
15                (b) any other person who practises a discipline or
16                     profession in the health area that involves the
17                     application of a body of learning.
18

19   42.   Section 5AB amended
20         In section 5AB in the definition of medical qualifications delete
21         paragraph (a) and insert:
22

23                (a)   registered under the Health Practitioner
24                      Regulation National Law (Western Australia)
25                      in the medical profession; or
26

27   Division 10 -- Constitution Acts Amendment Act 1899 amended
28   43.   Act amended
29         This Division amends the Constitution Acts Amendment
30         Act 1899.

                                                                    page 19
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 10      Constitution Acts Amendment Act 1899 amended
     s. 44



 1   44.         Schedule V Part 3 amended
 2         (1)   In Schedule V Part 3 insert in alphabetical order:
 3

 4           The Aboriginal and Torres Strait Islander Health Practice Board of
 5                   Australia established under the Health Practitioner
 6                   Regulation National Law (Western Australia).
 7           The Chinese Medicine Board of Australia established under the
 8                    Health Practitioner Regulation National Law (Western
 9                    Australia).
10

11         (2)   In Schedule V Part 3 delete the item commencing "The
12               Chiropractors Registration Board of Western Australia" and insert:
13

14           The Chiropractic Board of Australia established under the Health
15                    Practitioner Regulation National Law (Western Australia).
16

17         (3)   In Schedule V Part 3 delete the item commencing "The
18               Chiropodists Registration Board".
19         (4)   In Schedule V Part 3 delete the item commencing "The Dental
20               Board of Western Australia" and insert:
21

22           The Dental Board of Australia established under the Health
23                    Practitioner Regulation National Law (Western Australia).
24

25         (5)   In Schedule V Part 3 delete the item commencing "The Dental
26               Charges Committee".
27         (6)   In Schedule V Part 3 delete the item commencing "The Medical
28               Board of Western Australia" and insert:
29

30           The Medical Board of Australia established under the Health
31                   Practitioner Regulation National Law (Western Australia).
32




     page 20
                  Health Practitioner Regulation National Law (WA) Bill 2010
                                   Consequential amendments           Part 5
               Constitution Acts Amendment Act 1899 amended     Division 10
                                                                        s. 44



 1    (7)   In Schedule V Part 3 delete the item commencing "The Medical
 2          Radiation Technologists Registration Board of Western Australia"
 3          and insert:
 4

 5      The Medical Radiation Practice Board of Australia established under
 6              the Health Practitioner Regulation National Law (Western
 7              Australia).
 8

 9    (8)   In Schedule V Part 3 delete the item commencing "The Nurses
10          and Midwives Board of Western Australia" and insert:
11

12      The Nursing and Midwifery Board of Australia established under the
13               Health Practitioner Regulation National Law (Western
14               Australia).
15

16    (9)   In Schedule V Part 3 delete the item commencing "The
17          Occupational Therapists Registration Board of Western Australia"
18          and insert:
19

20      The Occupational Therapy Board of Australia established under the
21              Health Practitioner Regulation National Law (Western
22              Australia).
23

24   (10)   In Schedule V Part 3 delete the item commencing "The
25          Optometrists Registration Board of Western Australia" and insert:
26

27      The Optometry Board of Australia established under the Health
28              Practitioner Regulation National Law (Western Australia).
29

30   (11)   In Schedule V Part 3 delete the item commencing "The
31          Osteopaths Registration Board of Western Australia" and insert:
32

33      The Osteopathy Board of Australia established under the Health
34               Practitioner Regulation National Law (Western Australia).
35


                                                                        page 21
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 11      Coroners Act 1996 amended
     s. 45



 1     (12)    In Schedule V Part 3 insert in alphabetical order:
 2

 3         The Pharmacy Board of Australia established under the Health
 4                 Practitioner Regulation National Law (Western Australia).
 5

 6     (13)    In Schedule V Part 3 delete the item commencing "The
 7             Physiotherapists Registration Board of Western Australia" and
 8             insert:
 9

10         The Physiotherapy Board of Australia established under the Health
11                  Practitioner Regulation National Law (Western Australia).
12

13     (14)    In Schedule V Part 3 delete the item commencing "The
14             Podiatrists Registration Board of Western Australia" and insert:
15

16         The Podiatry Board of Australia established under the Health
17                  Practitioner Regulation National Law (Western Australia).
18

19     (15)    In Schedule V Part 3 delete the item commencing "The
20             Psychologists Registration Board of Western Australia" and insert:
21

22         The Psychology Board of Australia established under the Health
23                  Practitioner Regulation National Law (Western Australia).
24


25                Division 11 -- Coroners Act 1996 amended
26   45.       Act amended
27             This Division amends the Coroners Act 1996.




     page 22
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                    Consequential amendments            Part 5
           Corruption and Crime Commission Act 2003 amended       Division 12
                                                                          s. 46



 1   46.    Section 3 amended
 2          In section 3 delete the definition of doctor and insert:
 3

 4                doctor means a person registered under the Health
 5                Practitioner Regulation National Law (Western
 6                Australia) in the medical profession;
 7


 8         Division 12 -- Corruption and Crime Commission
 9                       Act 2003 amended
10   47.    Act amended
11          This Division amends the Corruption and Crime Commission
12          Act 2003.

13   48.    Section 54 amended
14          Delete section 54(1) and insert:
15

16          (1)   In this section --
17                medical practitioner means a person registered under
18                the Health Practitioner Regulation National Law
19                (Western Australia) in the medical profession;
20                registered nurse means a person registered under the
21                Health Practitioner Regulation National Law (Western
22                Australia) in the nursing and midwifery profession
23                whose name is entered on Division 1 of the Register of
24                Nurses kept under that Law as a registered nurse.
25


26    Division 13 -- Court Security and Custodial Services Act 1999
27                            amended
28   49.    Act amended
29          This Division amends the Court Security and Custodial Services
30          Act 1999.

                                                                       page 23
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 14      Cremation Act 1929 amended
     s. 50



 1   50.         Section 3 amended
 2         (1)   In section 3 delete the definitions of:
 3               doctor
 4               nurse
 5         (2)   In section 3 insert in alphabetical order:
 6

 7                     doctor means a person registered under the Health
 8                     Practitioner Regulation National Law (Western
 9                     Australia) in the medical profession;
10                     nurse means a person registered under the Health
11                     Practitioner Regulation National Law (Western
12                     Australia) in the nursing and midwifery profession
13                     whose name is entered on Division 1 of the Register of
14                     Nurses kept under that Law as a registered nurse;
15

16                 Division 14 -- Cremation Act 1929 amended
17   51.         Act amended
18               This Division amends the Cremation Act 1929.

19   52.         Section 2 amended
20               In section 2 delete the definition of medical practitioner and
21               insert:
22

23                     medical practitioner means a person registered under
24                     the Health Practitioner Regulation National Law
25                     (Western Australia) in the medical profession.
26




     page 24
                 Health Practitioner Regulation National Law (WA) Bill 2010
                                  Consequential amendments           Part 5
            Criminal Injuries Compensation Act 2003 amended    Division 15
                                                                       s. 53



 1          Division 15 -- Criminal Injuries Compensation
 2                       Act 2003 amended
 3   53.   Act amended
 4         This Division amends the Criminal Injuries Compensation
 5         Act 2003.

 6   54.   Section 3 amended
 7         In section 3 delete the definition of health professional and
 8         insert:
 9

10               health professional means --
11                (a) a person registered under the Health
12                      Practitioner Regulation National Law (Western
13                      Australia) in the dental profession whose name
14                      is entered on the Dentists Division of the
15                      Register of Dental Practitioners kept under that
16                      Law or under a law of another place that is
17                      substantially similar to that Law; or
18                (b) a person registered under the Health
19                      Practitioner Regulation National Law (Western
20                      Australia) in the medical profession or under a
21                      law of another place that is substantially similar
22                      to that Law; or
23                (c) a person registered under the Health
24                      Practitioner Regulation National Law (Western
25                      Australia) in the psychology profession or
26                      under a law of another place that is
27                      substantially similar to that Law;
28




                                                                     page 25
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 16      Criminal Investigation (Identifying People) Act 2002 amended
     s. 55



 1         Division 16 -- Criminal Investigation (Identifying People)
 2                           Act 2002 amended
 3   55.         Act amended
 4               This Division amends the Criminal Investigation (Identifying
 5               People) Act 2002.

 6   56.         Section 52 amended
 7         (1)   In section 52 delete the definitions of:
 8               dentist
 9               doctor
10               nurse
11         (2)   In section 52 insert in alphabetical order:
12

13                     dentist means a person registered under the Health
14                     Practitioner Regulation National Law (Western
15                     Australia) in the dental profession whose name is
16                     entered on the Dentists Division of the Register of
17                     Dental Practitioners kept under that Law;
18                     doctor means a person registered under the Health
19                     Practitioner Regulation National Law (Western
20                     Australia) in the medical profession;
21                     nurse means a person registered under the Health
22                     Practitioner Regulation National Law (Western
23                     Australia) in the nursing and midwifery profession;
24


25          Division 17 -- Criminal Investigation Act 2006 amended
26   57.         Act amended
27               This Division amends the Criminal Investigation Act 2006.




     page 26
                       Health Practitioner Regulation National Law (WA) Bill 2010
                                        Consequential amendments           Part 5
                   Criminal Property Confiscation Act 2000 amended   Division 18
                                                                             s. 58



 1   58.         Section 73 amended
 2         (1)   In section 73 delete the definitions of:
 3               dentist
 4               doctor
 5               nurse
 6         (2)   In section 73 insert in alphabetical order:
 7

 8                     dentist means a person registered under the Health
 9                     Practitioner Regulation National Law (Western
10                     Australia) in the dental profession whose name is
11                     entered on the Dentists Division of the Register of
12                     Dental Practitioners kept under that Law;
13                     doctor means a person registered under the Health
14                     Practitioner Regulation National Law (Western
15                     Australia) in the medical profession;
16                     nurse means a person registered under the Health
17                     Practitioner Regulation National Law (Western
18                     Australia) in the nursing and midwifery profession
19                     whose name is entered on Division 1 of the Register of
20                     Nurses kept under that Law as a registered nurse;
21


22                Division 18 -- Criminal Property Confiscation
23                             Act 2000 amended
24   59.         Act amended
25               This Division amends the Criminal Property Confiscation
26               Act 2000.




                                                                          page 27
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 19      Diamond (Argyle Diamond Mines Joint Venture) Agreement
                      Act 1981 amended
     s. 60


 1   60.       Glossary amended
 2             In the Glossary delete the definition of medical practitioner and
 3             insert:
 4

 5                   medical practitioner means a person registered under the
 6                   Health Practitioner Regulation National Law (Western
 7                   Australia) in the medical profession;
 8


 9   Division 19 -- Diamond (Argyle Diamond Mines Joint Venture)
10                  Agreement Act 1981 amended
11   61.       Act amended
12             This Division amends the Diamond (Argyle Diamond Mines
13             Joint Venture) Agreement Act 1981.

14   62.       Section 14 amended
15             In section 14 delete the definition of medical practitioner and
16             insert:
17

18                   medical practitioner means a person registered under
19                   the Health Practitioner Regulation National Law
20                   (Western Australia) in the medical profession;
21


22                Division 20 -- Firearms Act 1973 amended
23   63.       Act amended
24             This Division amends the Firearms Act 1973.




     page 28
                        Health Practitioner Regulation National Law (WA) Bill 2010
                                        Consequential amendments            Part 5
                          Gender Reassignment Act 2000 amended        Division 21
                                                                              s. 64



 1   64.         Section 4 amended
 2               In section 4 delete the definition of medical practitioner and
 3               insert:
 4

 5                     medical practitioner means a person registered under
 6                     the Health Practitioner Regulation National Law
 7                     (Western Australia) in the medical profession;
 8


 9   65.         Section 23B amended
10         (1)   In section 23B(3) in the definition of health professional delete
11               paragraph (b) and insert:
12

13                      (b)   a person registered under the Health
14                            Practitioner Regulation National Law (Western
15                            Australia) in the psychology profession;
16

17         (2)   In section 23B(3) delete the definition of registered nurse and
18               insert:
19

20                     registered nurse means a person registered under the
21                     Health Practitioner Regulation National Law (Western
22                     Australia) in the nursing and midwifery profession
23                     whose name is entered on Division 1 of the Register of
24                     Nurses kept under that Law as a registered nurse.
25


26          Division 21 -- Gender Reassignment Act 2000 amended
27   66.         Act amended
28               This Division amends the Gender Reassignment Act 2000.




                                                                           page 29
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 22      Health Act 1911 amended
     s. 67



 1   67.         Section 3 amended
 2               In section 3 delete the definition of medical practitioner and
 3               insert:
 4

 5                     medical practitioner means a person registered under
 6                     the Health Practitioner Regulation National Law
 7                     (Western Australia) in the medical profession;
 8

 9                   Division 22 -- Health Act 1911 amended
10   68.         Act amended
11               This Division amends the Health Act 1911.

12   69.         Section 3 amended
13         (1)   In section 3(1) delete the definitions of:
14               medical practitioner
15               midwife
16               nurse practitioner
17         (2)   In section 3(1) insert in alphabetical order:
18

19                     medical practitioner means a person registered under
20                     the Health Practitioner Regulation National Law
21                     (Western Australia) in the medical profession;
22                     midwife means a person registered under the Health
23                     Practitioner Regulation National Law (Western
24                     Australia) whose name is entered on the Register of
25                     Midwives kept under that Law;
26                     nurse practitioner means a person registered under the
27                     Health Practitioner Regulation National Law (Western
28                     Australia) whose name is entered on the Register of
29                     Nurses kept under that Law as being qualified to
30                     practise as a nurse practitioner;
31


     page 30
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                     Consequential amendments            Part 5
                                       Health Act 1911 amended     Division 22
                                                                           s. 70



 1   70.     Section 246A amended
 2           In section 246A(3) delete "Pharmacy Act 1964" and insert:
 3

 4                  Health Practitioner Regulation National Law (Western
 5                  Australia)
 6

 7           Note: The heading to amended section 246A is to read:

 8                 Crown bound, but Health Practitioner Regulation National Law
 9                 (Western Australia) and Poisons Act 1964 not affected by
10                 Division 8

11   71.     Section 246D amended
12           In section 246D(1)(n) delete "a medical practitioner within the
13           meaning given to that term in the Medical Practitioners
14           Act 2008 section 4" and insert:
15

16                          a person registered under the Health
17                          Practitioner Regulation National Law (Western
18                          Australia) in the medical profession
19


20   72.     Section 331 inserted
21           At the beginning of Part XIII insert:
22


23         331.     Terms used in this Part
24                  In this Part --
25                  dentist means a person registered under the Health
26                  Practitioner Regulation National Law (Western
27                  Australia) in the dental profession whose name is
28                  entered on the Dentists Division of the Register of
29                  Dental Practitioners kept under that Law;
30                  school dental service means the service established
31                  under section 337A;

                                                                          page 31
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 23      Health Legislation Administration Act 1984 amended
     s. 73



 1                   school dental therapist means a person who holds or is
 2                   taken to hold general registration under the Health
 3                   Practitioner Regulation National Law (Western
 4                   Australia) in the dental therapist profession.
 5

 6   73.       Section 337 amended
 7             In section 337(2):
 8               (a) delete "duly registered";
 9               (b) delete "Health or by the local government," and insert:
10

11                    Health,
12


13   74.       Section 337A amended
14             Delete section 337A(5).
15             Division 23 -- Health Legislation Administration
16                           Act 1984 amended
17   75.       Act amended
18             This Division amends the Health Legislation Administration
19             Act 1984.

20   76.       Section 6 amended
21             Delete section 6(4)(a) and insert:
22

23                     (a)   an office referred to in subsection (1)(b) or (c)
24                           unless the person is registered under the Health
25                           Practitioner Regulation National Law (Western
26                           Australia) in the medical profession;
27




     page 32
                        Health Practitioner Regulation National Law (WA) Bill 2010
                                         Consequential amendments           Part 5
           Health Professionals (Special Events Exemption) Act 2000   Division 24
                                                          amended
                                                                              s. 77


 1   Division 24 -- Health Professionals (Special Events Exemption)
 2                        Act 2000 amended
 3   77.         Act amended
 4               This Division amends the Health Professionals (Special Events
 5               Exemption) Act 2000.

 6   78.         Section 3 amended
 7         (1)   In section 3(1) delete the definition of Health Registration Act
 8               and insert:
 9

10                     Health Registration Act means any of the following
11                     Acts --
12                      (a) Medical Radiation Technologists Act 2006;
13                      (b) National Health Practitioner Regulation
14                            National Law (Western Australia);
15                      (c) Occupational Therapists Act 2005;
16

17         (2)   In section 3(1) delete the definition of Health Registration Act
18               and insert:
19

20                     Health Registration Act means the National Health
21                     Practitioner Regulation National Law (Western
22                     Australia);
23


24          Division 25 -- Health Services (Conciliation and Review)
25                           Act 1995 amended
26   79.         Act amended
27               This Division amends the Health Services (Conciliation and
28               Review) Act 1995 (citation changed to the Health and Disability
29               Services (Complaints) Act 1995 by the Health and Disability
30               Services Legislation Amendment Act 2010 section 5).

                                                                           page 33
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 25      Health Services (Conciliation and Review) Act 1995 amended
     s. 80



 1   80.         Section 11 amended
 2               In section 11(2) delete "or 46".

 3   81.         Section 31 replaced
 4               Delete section 31 and insert:
 5


 6         31.         Complaints not dealt with by National Board under
 7                     the Health Practitioner Regulation National Law
 8                     (Western Australia)
 9                     If a complaint, or an element of a complaint, relates to
10                     a registered provider and the complaint, or the element
11                     of the complaint, is not to be dealt with under the
12                     Health Practitioner Regulation National Law (Western
13                     Australia) section 150 by the National Board
14                     established for the provider's health profession, the
15                     Director may deal with the complaint, or the element of
16                     the complaint, under this Part.

17         32A.        Notice that complaint being dealt with by National
18                     Board
19                     If a complaint, or an element of a complaint, is being
20                     dealt with by a National Board under the Health
21                     Practitioner Regulation National Law (Western
22                     Australia) section 150, the Director must within
23                     28 days of the Board beginning to so deal with it notify
24                     the user that the Board is dealing with it.
25


26   82.         Section 33 amended
27               In section 33:
28                 (a) delete "31 or";
29                 (b) in paragraph (b) delete "registration board,".



     page 34
                      Health Practitioner Regulation National Law (WA) Bill 2010
                                       Consequential amendments           Part 5
      Health Services (Conciliation and Review) Act 1995 amended    Division 25
                                                                            s. 83



 1   83.         Section 34 amended
 2         (1)   In section 34(1) delete "complaint" and insert:
 3

 4                      complaint, or an element of a complaint, that is not to
 5                      be dealt with by the National Board established for a
 6                      registered provider's health profession,
 7

 8         (2)   If this section comes into operation after the Health and
 9               Disability Services Legislation Amendment Act 2010 section 17
10               comes into operation --
11                 (a) in the Health Services (Complaints) Act 1995
12                        section 34(1)(c) (as inserted by the Health and
13                        Disability Services Legislation Amendment Act 2010
14                        section 17) delete "section 28, 31 or 32," and insert:
15

16                       section 28 or 32,
17

18                (b)    delete subsection (3).
19         (3)   If this section comes into operation before the Health and
20               Disability Services Legislation Amendment Act 2010 section 17
21               comes into operation --
22                 (a) in the Health and Disability Services Legislation
23                        Amendment Act 2010 section 17(1) delete "section 28,
24                        31 or 32," and insert:
25

26                       section 28 or 32,
27

28                (b)    delete subsection (2).
29         (4)   Delete section 34(5).

30   84.         Section 35 amended
31         (1)   Delete section 35(1)(b) and "and" after it.

                                                                            page 35
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 25      Health Services (Conciliation and Review) Act 1995 amended
     s. 85



 1         (2)   After paragraph (a) insert:
 2

 3               and
 4


 5   85.         Section 43 amended
 6               Delete section 43(3).

 7   86.         Section 44 amended
 8               Delete section 44(3).

 9   87.         Section 46 deleted
10               Delete section 46.

11   88.         Section 49 deleted
12               Delete section 49.

13   89.         Sections 53, 54 and 55 deleted
14               Delete sections 53, 54 and 55.

15   90.         Section 71 amended
16               In section 71(5)(d) delete "44(3),".

17   91.         Schedule 1 amended
18         (1)   In Schedule 1 delete "[Sections 3 and 54]" and insert:
19

20               [s. 3]
21

22         (2)   Delete Schedule 1 items 1, 2, 3, 4, 6, 6a, 7, 8, 9 and 10.




     page 36
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                      Consequential amendments           Part 5
     Health Services (Conciliation and Review) Act 1995 amended    Division 25
                                                                           s. 91



 1     (3)      In Schedule 1 insert in alphanumerical order:
 2

 3        1.         Chiropractor Board of Australia established under the
 4                   Health Practitioner Regulation National Law (Western
 5                   Australia).
 6        2.         Dental Board of Australia established under the Health
 7                   Practitioner Regulation National Law (Western Australia).
 8        3.         Medical Board of Australia established under the Health
 9                   Practitioner Regulation National Law (Western Australia).
10        4.         Nursing and Midwifery Board of Australia established
11                   under the Health Practitioner Regulation National Law
12                   (Western Australia).
13        6.         Optometry Board of Australia established under the Health
14                   Practitioner Regulation National Law (Western Australia).
15        6a.        Osteopathy Board of Australia established under the Health
16                   Practitioner Regulation National Law (Western Australia).
17        7.         Pharmacy Board of Australia established under the Health
18                   Practitioner Regulation National Law (Western Australia).
19        8.         Physiotherapy Board of Australia established under the
20                   Health Practitioner Regulation National Law (Western
21                   Australia).
22        9.         Podiatry Board of Australia established under the Health
23                   Practitioner Regulation National Law (Western Australia).
24        10.        Psychology Board of Australia established under the Health
25                   Practitioner Regulation National Law (Western Australia).
26

27     (4)      Delete Schedule 1 items 3a and 5.
28     (5)      In Schedule 1 insert in alphanumerical order:
29

30        1a.        Aboriginal and Torres Strait Islander Health Practice Board
31                   of Australia established under the Health Practitioner
32                   Regulation National Law (Western Australia).



                                                                              page 37
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 26      Hospitals and Health Services Act 1927 amended
     s. 92



 1         1b.         Chinese Medicine Board of Australia established under the
 2                     Health Practitioner Regulation National Law (Western
 3                     Australia).
 4         3a.         Medical Radiation Practice Board of Australia established
 5                     under the Health Practitioner Regulation National Law
 6                     (Western Australia).
 7         5.          Occupational Therapy Board of Australia established under
 8                     the Health Practitioner Regulation National Law (Western
 9                     Australia).
10


11   Division 26 -- Hospitals and Health Services Act 1927 amended
12   92.         Act amended
13               This Division amends the Hospitals and Health Services
14               Act 1927.

15   93.         Section 2 amended
16               In section 2(1) delete the definition of practitioner and insert:
17

18                     practitioner includes --
19                       (a) a person registered under the Health
20                             Practitioner Regulation National Law (Western
21                             Australia) in the medical profession; and
22                       (b) any other person practising in the field of health
23                             or medicine who is declared by the Minister
24                             under section 3(5) to be a practitioner for the
25                             purposes of this Act;
26




     page 38
                   Health Practitioner Regulation National Law (WA) Bill 2010
                                   Consequential amendments            Part 5
             Human Reproductive Technology Act 1991 amended      Division 27
                                                                         s. 94



 1           Division 27 -- Human Reproductive Technology
 2                         Act 1991 amended
 3   94.     Act amended
 4           This Division amends the Human Reproductive Technology
 5           Act 1991.

 6   95.     Section 3 amended
 7           In section 3(1) delete the definition of medical practitioner and
 8           insert:
 9

10                 medical practitioner means a person registered under
11                 the Health Practitioner Regulation National Law
12                 (Western Australia) in the medical profession;
13


14   Division 28 -- Human Tissue and Transplant Act 1982 amended
15   96.     Act amended
16           This Division amends the Human Tissue and Transplant
17           Act 1982.

18   97.     Section 3 amended
19           In section 3(1) delete the definition of medical practitioner and
20           insert:
21

22                 medical practitioner means a person registered under
23                 the Health Practitioner Regulation National Law
24                 (Western Australia) in the medical profession;
25


26         Division 29 -- Industrial Relations Act 1979 amended
27   98.     Act amended
28           This Division amends the Industrial Relations Act 1979.

                                                                       page 39
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 30      Juries Act 1957 amended
     s. 99



 1   99.         Section 72B amended
 2               In section 72B(1) delete the definition of medical practitioner
 3               and insert:
 4

 5                     medical practitioner means a person registered under
 6                     the Health Practitioner Regulation National Law
 7                     (Western Australia) in the medical profession;
 8


 9   100.        Section 97WR amended
10               In section 97WR delete the definition of medical practitioner
11               and insert:
12

13                     medical practitioner means a person registered under
14                     the Health Practitioner Regulation National Law
15                     (Western Australia) in the medical profession;
16

17                   Division 30 -- Juries Act 1957 amended
18   101.        Act amended
19               This Division amends the Juries Act 1957.

20   102.        Second Schedule amended
21               In the Second Schedule Part II delete clause 2 and insert:
22

23          2.         Health.
24                     A person registered under the Health Practitioner
25                     Regulation National Law (Western Australia) in the
26                     chiropractic profession if actually practising.
27                     A person registered under the Health Practitioner
28                     Regulation National Law (Western Australia) in the dental
29                     profession whose name is entered on the Dentists Division
30                     of the Register of Dental Practitioners kept under that Law if
31                     actually practising.

     page 40
                   Health Practitioner Regulation National Law (WA) Bill 2010
                                   Consequential amendments            Part 5
                             Liquor Control Act 1988 amended     Division 31
                                                                       s. 103



 1                A person registered under the Health Practitioner
 2                Regulation National Law (Western Australia) in the medical
 3                profession if actually practising.
 4                A person registered under the Health Practitioner
 5                Regulation National Law (Western Australia) in the nursing
 6                and midwifery profession if actually practising.
 7                A person registered under the Health Practitioner
 8                Regulation National Law (Western Australia) in the
 9                osteopathy profession if actually practising.
10                A person registered under the Health Practitioner
11                Regulation National Law (Western Australia) in the
12                pharmacy profession if actually in business whether as
13                principal or manager for a principal.
14                A person registered under the Health Practitioner
15                Regulation National Law (Western Australia) in the
16                physiotherapy profession if actually practising.
17                A person registered under the Health Practitioner
18                Regulation National Law (Western Australia) in the
19                psychology profession if actually practising.
20                Veterinary surgeons registered under the Veterinary
21                Surgeons Act 1960 if actually practising.
22

23          Division 31 -- Liquor Control Act 1988 amended
24   103.   Act amended
25          This Division amends the Liquor Control Act 1988.

26   104.   Section 6 amended
27          Delete section 6(1)(b) and insert:
28

29                 (b)    where liquor is sold or administered for
30                        medicinal purposes --
31                         (i) by a person registered under the Health
32                               Practitioner Regulation National Law

                                                                           page 41
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 32      Magistrates Court Act 2004 amended
     s. 105



 1                                   (Western Australia) in the pharmacy
 2                                   profession; or
 3                            (ii)   by or on the prescription of a person
 4                                   registered under the Health Practitioner
 5                                   Regulation National Law (Western
 6                                   Australia) in the dental profession
 7                                   whose name is entered on the Dentists
 8                                   Division of the Register of Dental
 9                                   Practitioners kept under that Law or
10                                   registered under that Law in the medical
11                                   profession;
12


13            Division 32 -- Magistrates Court Act 2004 amended
14   105.      Act amended
15             This Division amends the Magistrates Court Act 2004.

16   106.      Schedule 1 amended
17             In Schedule 1 clause 13(3) delete "2 medical practitioners (as
18             defined in the Medical Practitioners Act 2008 section 4) to --" and
19             insert:
20

21                   2 persons registered under the Health Practitioner
22                   Regulation National Law (Western Australia) in the medical
23                   profession to --
24


25          Division 33 -- Medical Radiation Technologists Act 2006
26                                amended
27   107.      Act amended
28             This Division amends the Medical Radiation Technologists
29             Act 2006.



     page 42
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                    Consequential amendments            Part 5
                               Mental Health Act 1996 amended     Division 34
                                                                        s. 108



 1   108.    Section 3 amended
 2           In section 3 delete the definition of medical practitioner and
 3           insert:
 4

 5                 medical practitioner means a person registered under
 6                 the Health Practitioner Regulation National Law
 7                 (Western Australia) in the medical profession;
 8


 9           Division 34 -- Mental Health Act 1996 amended
10   109.    Act amended
11           This Division amends the Mental Health Act 1996.

12   110.    Section 3 amended
13     (1)   In section 3 delete the definitions of:
14           medical practitioner
15           psychiatrist
16           psychologist
17     (2)   In section 3 insert in alphabetical order:
18

19                 medical practitioner means a person registered under
20                 the Health Practitioner Regulation National Law
21                 (Western Australia) in the medical profession;
22                 psychiatrist means a person whose name is contained
23                 in the register of specialist psychiatrists kept by the
24                 Medical Board of Australia under the Health
25                 Practitioner Regulation National Law (Western
26                 Australia) section 223;
27                 psychologist means a person registered under the
28                 Health Practitioner Regulation National Law (Western
29                 Australia) in the psychology profession;
30



                                                                       page 43
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 34      Mental Health Act 1996 amended
     s. 111



 1   111.      Section 17 deleted
 2             Delete section 17.

 3   112.      Section 19 amended
 4      (1)    Delete section 19(1)(b) and "or" after it and insert:
 5

 6                     (b)   a person --
 7                             (i) registered under the Health Practitioner
 8                                  Regulation National Law (Western
 9                                  Australia) in the nursing and midwifery
10                                  profession; or
11                            (ii) registered as an occupational therapist
12                                  under the Occupational Therapists
13                                  Act 2005;
14                           or
15

16      (2)    Delete section 19(1)(b) and "or" after it and insert:
17

18                     (b)   a person --
19                             (i) registered under the Health Practitioner
20                                  Regulation National Law (Western
21                                  Australia) in the nursing and midwifery
22                                  profession; or
23                            (ii) registered under the Health Practitioner
24                                  Regulation National Law (Western
25                                  Australia) in the occupational therapy
26                                  profession;
27                           or
28




     page 44
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                     Consequential amendments            Part 5
                              Miner's Phthisis Act 1922 amended    Division 35
                                                                         s. 113



 1           Division 35 -- Miner's Phthisis Act 1922 amended
 2   113.     Act amended
 3            This Division amends the Miner's Phthisis Act 1922.

 4   114.     Section 8 amended
 5     (1)    In section 8(2) delete "a practitioner registered under the
 6            Medical Practitioners Act 2008," and insert:
 7

 8                  a person registered under the Health Practitioner
 9                  Regulation National Law (Western Australia) in the
10                  medical profession,
11

12     (2)    In section 8(3) delete "2 practitioners registered under the
13            Medical Practitioners Act 2008," and insert:
14

15                  2 persons registered under the Health Practitioner
16                  Regulation National Law (Western Australia) in the
17                  medical profession,
18


19           Division 36 -- Minimum Conditions of Employment
20                          Act 1993 amended
21   115.     Act amended
22            This Division amends the Minimum Conditions of Employment
23            Act 1993.




                                                                            page 45
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 37      Misuse of Drugs Act 1981 amended
     s. 116



 1   116.      Section 3 amended
 2             In section 3(1) delete the definition of medical practitioner and
 3             insert:
 4

 5                   medical practitioner means a person registered under
 6                   the Health Practitioner Regulation National Law
 7                   (Western Australia) in the medical profession;
 8


 9             Division 37 -- Misuse of Drugs Act 1981 amended
10   117.      Act amended
11             This Division amends the Misuse of Drugs Act 1981.

12   118.      Section 3 amended
13      (1)    In section 3(1) delete the definitions of:
14             dentist
15             medical practitioner
16             nurse practitioner
17      (2)    In section 3(1) insert in alphabetical order:
18

19                   dentist means a person registered under the Health
20                   Practitioner Regulation National Law (Western
21                   Australia) in the dental profession whose name is
22                   entered on the Dentists Division of the Register of
23                   Dental Practitioners kept under that Law;
24                   medical practitioner means a person registered under
25                   the Health Practitioner Regulation National Law
26                   (Western Australia) in the medical profession;
27                   nurse practitioner means a person registered under the
28                   Health Practitioner Regulation National Law (Western
29                   Australia) whose name is entered on the Register of



     page 46
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                      Consequential amendments          Part 5
             Oaths, Affidavits and Statutory Declarations Act 2005 Division 38
                                                         amended
                                                                        s. 119


 1                   Nurses kept under that Law as a being qualified to
 2                   practise as a nurse practitioner;
 3


 4      Division 38 -- Oaths, Affidavits and Statutory Declarations
 5                        Act 2005 amended
 6   119.    Act amended
 7           This Division amends the Oaths, Affidavits and Statutory
 8           Declarations Act 2005.

 9   120.    Schedule 2 amended
10     (1)   Delete Schedule 2 items 9, 10, 14, 15, 27, 28, 30, 31 and 34.
11     (2)   In Schedule 2 insert in numerical order:
12

               9.         A person who is registered under the    Chemist
                          Health Practitioner Regulation National
                          Law (Western Australia) in the
                          pharmacy profession.
               10.        A person who is registered under the    Chiropractor
                          Health Practitioner Regulation National
                          Law (Western Australia) in the
                          chiropractic profession.
               14.        A person registered under the Health      Dentist
                          Practitioner Regulation National Law
                          (Western Australia) in the dental
                          profession whose name is entered on the
                          Dentists Division of the Register of
                          Dental Practitioners kept under that
                          Law.
               15.        A person who is registered under the    Doctor
                          Health Practitioner Regulation National
                          Law (Western Australia) in the medical
                          profession.



                                                                           page 47
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 39      Occupational Therapists Act 2005 amended
     s. 121



                 27.       A person registered under the Health     Nurse
                           Practitioner Regulation National Law
                           (Western Australia) in the nursing and
                           midwifery profession.
                 28.       A person registered under the Health     Optometrist
                           Practitioner Regulation National Law
                           (Western Australia) in the optometry
                           profession.
                 30.       A person registered under the Health     Physiotherapist
                           Practitioner Regulation National Law
                           (Western Australia) in the
                           physiotherapy profession.
                 31.       A person registered under the Health     Podiatrist
                           Practitioner Regulation National Law
                           (Western Australia) in the podiatry
                           profession.
                 34.       A person registered under the Health     Psychologist
                           Practitioner Regulation National Law
                           (Western Australia) in the psychology
                           profession.
 1


 2      Division 39 -- Occupational Therapists Act 2005 amended
 3   121.      Act amended
 4             This Division amends the Occupational Therapists Act 2005.

 5   122.      Section 3 amended
 6             In section 3 delete the definition of medical practitioner and
 7             insert:
 8

 9                     medical practitioner means a person who is registered
10                     under the Health Practitioner Regulation National Law
11                     (Western Australia) in the medical profession;
12



     page 48
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                    Consequential amendments            Part 5
                                     Poisons Act 1964 amended     Division 40
                                                                        s. 123



 1               Division 40 -- Poisons Act 1964 amended
 2   123.    Act amended
 3           This Division amends the Poisons Act 1964.

 4   124.    Section 5 amended
 5     (1)   In section 5(1) delete the definitions of:
 6           dentist
 7           medical practitioner
 8           nurse practitioner
 9           pharmaceutical chemist
10     (2)   In section 5(1) insert in alphabetical order:
11

12                 dentist means a person registered under the Health
13                 Practitioner Regulation National Law (Western
14                 Australia) in the dental profession whose name is
15                 entered on the Dentists Division of the Register of
16                 Dental Practitioners kept under that Law;
17                 endorsed health practitioner, in relation to a scheduled
18                 medicine or class of scheduled medicine, means a
19                 health practitioner who is registered under the Health
20                 Practitioner Regulation National Law (Western
21                 Australia) to practise a health profession and whose
22                 registration is endorsed to administer, obtain, possess,
23                 prescribe, sell, supply or use the scheduled medicine or
24                 class of scheduled medicine;
25                 medical practitioner means a person registered under
26                 the Health Practitioner Regulation National Law
27                 (Western Australia) in the medical profession;
28                 medicine means a substance included in Schedule 2, 3,
29                 4 or 8;
30                 nurse practitioner means a person registered under the
31                 Health Practitioner Regulation National Law (Western

                                                                      page 49
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 40      Poisons Act 1964 amended
     s. 125



 1                   Australia) whose name is entered on the Register of
 2                   Nurses kept under that Law as a being qualified to
 3                   practise as a nurse practitioner;
 4                   pharmacist means a person registered under the Health
 5                   Practitioner Regulation National Law (Western
 6                   Australia) in the pharmacy profession;
 7


 8   125.      Section 8 amended
 9      (1)    Delete section 8(3)(g) and "and" after it and insert:
10

11                     (g)   one is to be a person nominated by the
12                           Pharmacy Board of Australia established under
13                           the Health Practitioner Regulation National
14                           Law (Western Australia) section 31(1); and
15

16      (2)    In section 8(3) after each of paragraphs (a), (b), (c), (d), (e) and
17             (f) insert:
18

19             and
20


21   126.      Section 20 amended
22             Delete section 20(2) and insert:
23

24             (2)   A Schedule includes substances of the kind described
25                   in the Table for the Schedule.
26                                                Table
                      Schedule 1 -- [Blank]




     page 50
Health Practitioner Regulation National Law (WA) Bill 2010
                Consequential amendments            Part 5
                 Poisons Act 1964 amended     Division 40
                                                    s. 126




Schedule 2 -- Pharmacy medicines
Substances, the safe use of which may require advice
from a pharmacist and which should be available from
a pharmacy or, where a pharmacy service is not
available, from a licensed person.

Schedule 3 -- Pharmacist only medicines
Substances, the safe use of which requires professional
advice but which should be available to the public
from a pharmacist without a prescription.

Schedule 4 -- Prescription only medicines, or
Prescription Animal Remedy
Substances, the use or supply of which should be by or
on the order of persons permitted under the Act to
prescribe and should be available from a pharmacist on
prescription.

Schedule 5 -- Caution
Substances with a low potential for causing harm, the
extent of which can be reduced through the use of
appropriate packaging with simple warnings and safety
directions on the label.

Schedule 6 -- Poison
Substances with a moderate potential for causing
harm, the extent of which can be reduced through the
use of distinctive packaging with strong warnings and
safety directions on the label.




                                                  page 51
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 40      Poisons Act 1964 amended
     s. 127




                      Schedule 7 -- Dangerous Poison
                      Substances with a high potential for causing harm at
                      low exposure and which require special precautions
                      during manufacture, handling or use. These poisons
                      should be available only to specialised or authorised
                      users who have the skills necessary to handle them
                      safely. Special regulations restricting their availability,
                      possession, storage or use may apply.

                      Schedule 8 -- Controlled Drug
                      Substances which should be available for use but
                      require restriction of manufacture, supply, distribution,
                      possession and use to reduce abuse, misuse and
                      physical or psychological dependence.

                      Schedule 9 -- Prohibited Substance
                      Substances which may be abused or misused, the
                      manufacture, possession, sale or use of which should
                      be prohibited by law except when required for medical
                      or scientific research, or for analytical, teaching or
                      training purposes with approval of the CEO.
 1

 2   127.      Section 23 amended
 3      (1)    In section 23(2)(a) delete "a pharmaceutical chemist" and insert:
 4

 5                   a pharmacist
 6

 7      (2)    After section 23(3) insert:
 8            (4A)    If the CEO gives a dentist, medical practitioner, nurse
 9                    practitioner or pharmacist a notice pursuant to any
10                    regulations made under section 64(2)(ha), the CEO
11                    may give a copy of the notice to the National Board as
12                    defined in the Health Practitioner Regulation National

     page 52
             Health Practitioner Regulation National Law (WA) Bill 2010
                             Consequential amendments            Part 5
                              Poisons Act 1964 amended     Division 40
                                                                 s. 127



 1          Law (Western Australia) section 5 for the person's
 2          health profession.
 3   (4B)   Subject to this Act, a person who is a member of a
 4          prescribed class of endorsed health practitioner is
 5          authorised in the lawful practice of his or her
 6          profession to do any one or more of the following
 7          things in relation to a medicine as is prescribed in
 8          relation to the prescribed class --
 9            (a) possess;
10            (b) use;
11            (c) supply;
12            (d) sell;
13            (e) prescribe.
14   (4C)   The authorisation given by subsection (4B) is subject
15          to --
16            (a) such conditions and restrictions as may be
17                 prescribed; and
18            (b) any notice given by the CEO pursuant to any
19                 regulations made under section 64(2)(ha).
20   (4D)   If the CEO gives an endorsed health practitioner a
21          notice pursuant to any regulations made under
22          section 64(2)(ha), the CEO may give a copy of the
23          notice to the National Board as defined in the Health
24          Practitioner Regulation National Law (Western
25          Australia) section 5 that endorsed the registration of
26          the health practitioner.
27   (4E)   Subsection (4B) does not authorise a person to sell any
28          poison in an open shop unless the person is licensed
29          under this Act to do so.




                                                                   page 53
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 40      Poisons Act 1964 amended
     s. 128



 1   128.      Section 24 amended
 2      (1)    In section 24(1) delete "or at any pharmacy or other premises
 3             or" and insert:
 4

 5             premises or at a
 6

 7      (2)    Delete section 24(4).

 8   129.      Section 26 amended
 9             In section 26(2) delete "pharmacy or other".

10   130.      Section 30 amended
11      (1)    In section 30(1):
12               (a) delete "pharmaceutical chemist;" and insert:
13

14                    pharmacist;
15

16              (b)   delete "pharmaceutical chemist" (second and third
17                    occurrences) and insert:
18

19                    pharmacist
20

21      (2)    In section 30(2):
22               (a) delete "pharmaceutical chemist" and insert:
23

24                    pharmacist
25

26              (b)   delete "pharmaceutical chemist," and insert:
27

28                    pharmacist,
29




     page 54
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                     Consequential amendments            Part 5
                                      Poisons Act 1964 amended     Division 40
                                                                         s. 131



 1     (3)   In section 30(3) delete the definition of friendly society and
 2           insert:
 3

 4                  friendly society means a company that is a friendly
 5                  society under the Corporations Act and that --
 6                    (a) provides mutual benefits to its members; and
 7                    (b) is a non-profit organisation; and
 8                    (c) has a constitution that provides that the main
 9                          object of the company is to carry on the
10                          business of pharmacy.
11


12   131.    Section 50 amended
13           In section 50(2) delete "pharmaceutical chemists" and insert:
14

15           pharmacists
16


17   132.    Section 55C amended
18           In section 55C after "provisions of the" insert:
19

20           Health Practitioner Regulation National Law (Western
21           Australia) or the
22

23           Note: The heading to amended section 55C is to read:

24                 Sections 54 to 55A do not derogate from the Health Practitioner
25                 Regulation National Law (Western Australia) or the Misuse of
26                 Drugs Act 1981




                                                                            page 55
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 40      Poisons Act 1964 amended
     s. 133



 1   133.         Section 61 replaced
 2                Delete section 61 and insert:
 3

 4          61.         Evidence of qualifications
 5                      In all courts and before all persons and bodies
 6                      authorised to receive evidence, in the absence of
 7                      evidence to the contrary --
 8                        (a) a certificate purporting to be issued by the CEO
 9                               and stating that a person is or is not, or was or
10                               was not, on a certain date or for a certain period
11                               the holder of a licence, permit or authority
12                               under this Act is evidence of that matter; and
13                        (b) the production of a copy of the Gazette
14                               containing the list as last published under
15                               section 59 in relation to the time in question of
16                               persons holding licences or permits under this
17                               Act is, if the name of the accused does not
18                               appear in the list, prima facie proof that he or
19                               she is not a person who holds a licence or
20                               permit under this Act; and
21                        (c) a certificate purporting to be issued by the
22                               Registrar as defined in the Veterinary Surgeons
23                               Act 1960 section 2 that any person is or is not,
24                               or was or was not, on a certain date or for a
25                               certain period a registered veterinary surgeon is
26                               evidence of that matter.
27




     page 56
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                    Consequential amendments            Part 5
                                     Prisons Act 1981 amended     Division 41
                                                                        s. 134



 1   134.   Section 64 amended
 2          In section 64(2):
 3            (a) in paragraph (ha) delete "section 23(2) in relation to
 4                  drugs of addiction or specified drugs or both;" and
 5                  insert:
 6
 7                  section 23(2) or (4B) in relation to a poison or medicine;
 8

 9           (b)    in paragraph (q) delete "pharmaceutical chemist" and
10                  insert:
11

12                  pharmacist
13

14            (c)   in paragraph (r) delete "pharmaceutical chemists" and
15                  insert:
16

17                  pharmacists
18


19              Division 41 -- Prisons Act 1981 amended
20   135.   Act amended
21          This Division amends the Prisons Act 1981.

22   136.   Section 3 amended
23          In section 3(1) in the definition of medical practitioner delete
24          paragraph (a) and "and" after it and insert:
25

26                  (a)   a person who is registered under the Health
27                        Practitioner Regulation National Law (Western
28                        Australia) in the medical profession; and
29




                                                                      page 57
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 42      Prostitution Act 2000 amended
     s. 137



 1   137.      Section 46 amended
 2             In section 46 delete "a medical practitioner registered under the
 3             Medical Practitioners Act 2008" and insert:
 4

 5                   a person who is registered under the Health
 6                   Practitioner Regulation National Law (Western
 7                   Australia) in the medical profession
 8


 9              Division 42 -- Prostitution Act 2000 amended
10   138.      Act amended
11             This Division amends the Prostitution Act 2000.

12   139.      Section 29 amended
13             Delete section 29(7) and insert:
14

15             (7)   In this section --
16                   medical practitioner means a person who is registered
17                   under the Health Practitioner Regulation National Law
18                   (Western Australia) in the medical profession;
19                   registered nurse means a person who is registered
20                   under the Health Practitioner Regulation National Law
21                   (Western Australia) in the nursing and midwifery
22                   profession whose name is entered on Division 1 of the
23                   Register of Nurses kept under that Law as a registered
24                   nurse.
25




     page 58
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                     Consequential amendments           Part 5
             Queen Elizabeth II Medical Centre Act 1966 amended   Division 43
                                                                        s. 140



 1           Division 43 -- Queen Elizabeth II Medical Centre
 2                         Act 1966 amended
 3   140.    Act amended
 4           This Division amends the Queen Elizabeth II Medical Centre
 5           Act 1966.

 6   141.    Section 16 amended
 7           In section 16(4a) delete "a medical practitioner as defined in the
 8           Medical Practitioners Act 2008 section 4." and insert:
 9
10                 a person who is registered under the Health
11                 Practitioner Regulation National Law (Western
12                 Australia) in the medical profession.
13


14           Division 44 -- Radiation Safety Act 1975 amended
15   142.    Act amended
16           This Division amends the Radiation Safety Act 1975.

17   143.    Section 4 amended
18     (1)   In section 4 delete the definition of medical radiation
19           technologist.
20     (2)   In section 4 insert in alphabetical order:
21

22                 Board means the Medical Radiation Practice Board of
23                 Australia established under the Health Practitioner
24                 Regulation National Law (Western Australia)
25                 section 31;
26                 medical radiation practitioner means a person who is
27                 registered under the Health Practitioner Regulation
28                 National Law (Western Australia) in the medical
29                 radiation practice profession;


                                                                       page 59
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 44      Radiation Safety Act 1975 amended
     s. 144



 1                    medical radiation technology means --
 2                     (a) medical imaging technology; or
 3                     (b) nuclear medicine technology; or
 4                     (c) radiation therapy;
 5


 6   144.      Section 13 amended
 7             Delete section 13(2)(b)(vii) and insert:
 8

 9                            (vii)    one shall be a medical radiation
10                                     practitioner.
11


12   145.      Section 24A amended
13      (1)    In section 24A(1) delete "as defined in section 3 of the Medical
14             Radiation Technologists Act 2006".
15      (2)    In section 24A(1)(a) delete "medical radiation technologist" and
16             insert:
17

18             medical radiation practitioner
19

20             Note: The heading to amended section 24A is to read:

21                   Disclosure of information to the Medical Radiation Practice Board
22                   of Australia

23   146.      Section 26 amended
24             In section 26(2a):
25               (a) delete "a nurse practitioner as defined in the Nurses and
26                     Midwives Act 2006" and insert:
27

28                    a person registered under the Health Practitioner
29                    Regulation National Law (Western Australia) whose


     page 60
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                     Consequential amendments            Part 5
                             Radiation Safety Act 1975 amended     Division 44
                                                                         s. 147



 1                  name is entered on the Register of Nurses kept under
 2                  that Law as being qualified to practise as a nurse
 3                  practitioner
 4

 5            (b)    delete "a code of practice issued under
 6                   section 100(1)(b)" and insert:
 7
 8                  a code or guidelines approved under section 39
 9


10   147.    Section 27 amended
11     (1)   Delete section 27(2)(a) and "or" after it and insert:
12

13                   (a)   the person was --
14                            (i) registered under the Health Practitioner
15                                 Regulation National Law (Western
16                                 Australia) in the chiropractic profession;
17                                 or
18                           (ii) registered under the Health Practitioner
19                                 Regulation National Law (Western
20                                 Australia) in the dental profession
21                                 whose name is entered on the Dentists
22                                 Division of the Register of Dental
23                                 Practitioners kept under that Law; or
24                          (iii) registered under the Health Practitioner
25                                 Regulation National Law (Western
26                                 Australia) in the medical profession; or
27                          (iv) registered under the Health Practitioner
28                                 Regulation National Law (Western
29                                 Australia) in the physiotherapy
30                                 profession,
31                         and engaged in his or her professional practice,
32                         and was the holder of a relevant licence under
33                         this Act authorising him or her so to do; or
34


                                                                        page 61
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 44      Radiation Safety Act 1975 amended
     s. 148



 1      (2)    In section 27(2)(b) delete "medical radiation technology as
 2             defined in section 3 of the Medical Radiation Technologists
 3             Act 2006," and insert:
 4

 5             medical radiation technology,
 6

 7      (3)    In section 27(2)(ba)(i) delete "medical radiation technologist"
 8             and insert:
 9

10             medical radiation practitioner
11

12      (4)    In section 27(2)(bb)(i) delete "medical radiation technologist"
13             and insert:
14

15             medical radiation practitioner
16


17   148.      Section 37A inserted
18             After section 36 insert:
19


20          37A.     Conflict or inconsistency between conditions
21                   imposed under Health Practitioner Regulation
22                   National Law (Western Australia) and this Act
23             (1)   If there is any conflict or inconsistency between a
24                   condition --
25                     (a) imposed on a medical radiation practitioner
26                            under the Health Practitioner Regulation
27                            National Law (Western Australia); and
28                     (b) imposed on a licence held by the medical
29                            radiation practitioner under this Act,




     page 62
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                     Consequential amendments            Part 5
                             Radiation Safety Act 1975 amended     Division 44
                                                                         s. 149



 1                  then --
 2                    (c) the condition imposed on the licence prevails
 3                         (whether that condition was imposed before or
 4                         after the condition imposed under the Health
 5                         Practitioner Regulation National Law (Western
 6                         Australia)); and
 7                    (d) the condition imposed under the Health
 8                         Practitioner Regulation National Law (Western
 9                         Australia) is of no effect to the extent of the
10                         conflict or inconsistency.
11            (2)   For the purposes of subsection (1), a conflict or
12                  inconsistency does not exist merely because the
13                  condition imposed under the Health Practitioner
14                  Regulation National Law (Western Australia) imposes
15                  more stringent measures or a higher duty or standard in
16                  respect of a particular matter or aspect of practice.
17


18   149.     Section 40A inserted
19            After section 39 insert:
20
21          40A.    Notifications to Radiological Council
22            (1)   The Board is to give the Radiological Council written
23                  advice of the following matters --
24                    (a) the cancellation of the registration of a medical
25                         radiation practitioner and the removal of that
26                         person's name from the register under the
27                         Health Practitioner Regulation National Law
28                         (Western Australia);
29                    (b) the taking of immediate action in relation to a
30                         medical radiation practitioner under the Health
31                         Practitioner Regulation National Law (Western
32                         Australia) Part 8 Division 7, together with a
33                         copy of the notice given to the practitioner;


                                                                       page 63
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 45      Road Traffic Act 1974 amended
     s. 150



 1                     (c)   the suspension or revocation of the suspension
 2                           from the practice of medical radiation
 3                           technology under the Health Practitioner
 4                           Regulation National Law (Western Australia)
 5                           of a medical radiation practitioner, whether
 6                           generally or in relation to any specified area,
 7                           circumstances or service;
 8                    (d)    the imposition, variation or revocation of any
 9                           condition on registration or the practice of
10                           medical radiation technology under the Health
11                           Practitioner Regulation National Law (Western
12                           Australia) of a medical radiation practitioner;
13                     (e)   the referral of a matter relating to a medical
14                           radiation practitioner to the responsible tribunal
15                           under the Health Practitioner Regulation
16                           National Law (Western Australia).
17             (2)   The advice is to be given no later than 14 days after the
18                   occurrence of the matter referred to in that subsection.
19


20              Division 45 -- Road Traffic Act 1974 amended
21   150.      Act amended
22             This Division amends the Road Traffic Act 1974.

23   151.      Section 63 amended
24             Delete section 63(7)(a) and "and" after it and insert:
25

26                     (a)   that those drugs were --
27                             (i) taken by him pursuant to a prescription
28                                   of a medical practitioner, nurse
29                                   practitioner or dentist; or




     page 64
                    Health Practitioner Regulation National Law (WA) Bill 2010
                                    Consequential amendments            Part 5
                                Road Traffic Act 1974 amended     Division 45
                                                                        s. 152



 1                          (ii)   administered to him by a medical
 2                                 practitioner, nurse practitioner or
 3                                 dentist,
 4                         for therapeutic purposes; and
 5


 6   152.    Section 64AB amended
 7           Delete section 64AB(8)(a) and "and" after it and insert:
 8

 9                   (a)   that the drug was --
10                            (i) taken pursuant to a prescription of a
11                                 medical practitioner, nurse practitioner
12                                 or dentist; or
13                           (ii) administered by a medical practitioner,
14                                 nurse practitioner or dentist,
15                         for therapeutic purposes; and
16


17   153.    Section 65 amended
18     (1)   In section 65 delete the definitions of:
19           medical practitioner
20           registered nurse
21     (2)   In section 65 insert in alphabetical order:
22

23                 dentist means a person registered under the Health
24                 Practitioner Regulation National Law (Western
25                 Australia) in the dental profession whose name is
26                 entered on the Dentists Division of the Register of
27                 Dental Practitioners kept under that Law;
28                 medical practitioner means a person who is registered
29                 under the Health Practitioner Regulation National Law
30                 (Western Australia) in the medical profession;



                                                                         page 65
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 46      Sentencing Act 1995 amended
     s. 154



 1                  nurse practitioner means a person registered under the
 2                  Health Practitioner Regulation National Law (Western
 3                  Australia) whose name is entered on the Register of
 4                  Nurses kept under that Law as being qualified to
 5                  practise as a nurse practitioner;
 6                  registered nurse means a person who is registered
 7                  under the Health Practitioner Regulation National Law
 8                  (Western Australia) in the nursing and midwifery
 9                  profession whose name is entered on Division 1 of the
10                  Register of Nurses kept under that Law as a registered
11                  nurse;
12


13               Division 46 -- Sentencing Act 1995 amended
14   154.      Act amended
15             This Division amends the Sentencing Act 1995.

16   155.      Schedule 1 amended
17             In Schedule 1 delete the items relating to the Dental Act 1939
18             and the Medical Practitioners Act 2008.

19   Division 47 -- State Administrative Tribunal Act 2004 amended
20   156.      Act amended
21             This Division amends the State Administrative Tribunal
22             Act 2004.

23   157.      Schedule 1 amended
24      (1)    In Schedule 1:
25               (a) delete the items for:
26                    Chiropractors Act 2005
27                    Dental Act 1939
28                    Dental Prosthetists Act 1985


     page 66
                     Health Practitioner Regulation National Law (WA) Bill 2010
                                      Consequential amendments           Part 5
        Veterinary Chemical Control and Animal Feeding Stuffs Act  Division 48
                                                  1976 amended
                                                                         s. 158


 1                   Medical Practitioners Act 2008
 2                   Nurses and Midwives Act 2006
 3                   Optical Dispensers Act 1966
 4                   Optometrists Act 2005
 5                   Osteopaths Act 2005
 6                   Physiotherapists Act 2005
 7                   Podiatrists Act 2005
 8                   Psychologists Act 2005
 9             (b)   insert in alphabetical order:
10

11                         Health Practitioner Regulation National Law
12                         (Western Australia)
13

14     (2)   In Schedule 1 delete "Pharmacy Act 1964".
15     (3)   In Schedule 1 delete the items for:
16           Medical Radiation Technologists Act 2006
17           Occupational Therapists Act 2005

18   Division 48 -- Veterinary Chemical Control and Animal Feeding
19                     Stuffs Act 1976 amended
20   158.    Act amended
21           This Division amends the Veterinary Chemical Control and
22           Animal Feeding Stuffs Act 1976.




                                                                         page 67
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 49      Veterinary Surgeons Act 1960 amended
     s. 159



 1   159.      Section 5 amended
 2             In section 5(1) in the definition of veterinary chemical product
 3             paragraph (a)(i) delete "pharmaceutical chemist registered under
 4             the Pharmacy Act 1964; or" and insert:
 5

 6                          person registered under the Health Practitioner
 7                          Regulation National Law (Western Australia)
 8                          in the pharmacy profession; or
 9


10   160.      Section 65 amended
11      (1)    Delete section 65(b).
12      (2)    In section 65(c):
13               (a) delete "registered pharmaceutical chemist," and insert:
14

15                          person registered under the Health Practitioner
16                          Regulation National Law (Western Australia)
17                          in the pharmacy profession (pharmaceutical
18                          chemist),
19

20              (b)   delete subparagraph (i) and insert:
21

22                            (i)      in the case of a pharmaceutical chemist,
23                                     by the chief executive officer of the
24                                     National Agency as defined in the
25                                     Health Practitioner Regulation National
26                                     Law (Western Australia) section 5; and
27


28          Division 49 -- Veterinary Surgeons Act 1960 amended
29   161.      Act amended
30             This Division amends the Veterinary Surgeons Act 1960.


     page 68
                       Health Practitioner Regulation National Law (WA) Bill 2010
                                       Consequential amendments            Part 5
            Workers' Compensation and Injury Management Act 1981     Division 50
                                                        amended
                                                                           s. 162


 1   162.       Section 28 amended
 2              In section 28(a) delete "any registered pharmaceutical chemist"
 3              and insert:
 4

 5                            a person registered under the Health
 6                            Practitioner Regulation National Law (Western
 7                            Australia) in the pharmacy profession
 8


 9   Division 50 -- Workers' Compensation and Injury Management
10                       Act 1981 amended
11   163.       Act amended
12              This Division amends the Workers' Compensation and Injury
13              Management Act 1981.

14   164.       Section 5 amended
15     (1)      In section 5(1) delete the definitions of:
16              chiropractor
17              physiotherapist
18     (2)      In section 5(1) insert in alphabetical order:
19

20                    chiropractor means a person who is resident in this
21                    State and is registered under the Health Practitioner
22                    Regulation National Law (Western Australia) in the
23                    chiropractic profession;
24                    physiotherapist means a person who is resident in this
25                    State and is registered under the Health Practitioner
26                    Regulation National Law (Western Australia) in the
27                    physiotherapy profession;
28




                                                                         page 69
     Health Practitioner Regulation National Law (WA) Bill 2010
     Part 5           Consequential amendments
     Division 51      Young Offenders Act 1994 amended
     s. 165



 1      (3)    In section 5(1) in the definition of dentist delete paragraph (a)
 2             and "or" after it and insert:
 3

 4                     (a)   a person who is resident in this State and is
 5                           registered under the Health Practitioner
 6                           Regulation National Law (Western Australia)
 7                           in the dental profession whose name is entered
 8                           on the Dentists Division of the Register of
 9                           Dental Practitioners kept under that Law; or
10

11      (4)    In section 5(1) in the definition of medical practitioner delete
12             paragraph (a) and "or" after it and insert:
13

14                     (a)   a person who is resident in this State and who is
15                           registered under the Health Practitioner
16                           Regulation National Law (Western Australia)
17                           in the medical profession; or
18

19      (5)    In section 5(1) in the definition of specialist delete paragraph (a)
20             and "or" after it and insert:
21

22                     (a)   who is resident in this State and whose name is
23                           contained in a register of specialists kept by the
24                           Medical Board of Australia under the Health
25                           Practitioner Regulation National Law (Western
26                           Australia) section 223; or
27


28             Division 51 -- Young Offenders Act 1994 amended
29   165.      Act amended
30             This Division amends the Young Offenders Act 1994.




     page 70
                  Health Practitioner Regulation National Law (WA) Bill 2010
                                  Consequential amendments            Part 5
                          Young Offenders Act 1994 amended      Division 51
                                                                      s. 166



1   166.   Section 179 amended
2          In section 179(1) delete the definition of medical officer and
3          insert:
4

5                medical officer means an officer of the Department
6                who is registered under the Health Practitioner
7                Regulation National Law (Western Australia) in the
8                medical profession;
9




                                                                     page 71
     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Part 1           Preliminary
     s. 1



 1    Schedule -- Health Practitioner Regulation National Law
 2                                                                                   [s. 4]

 3                                   Part 1 -- Preliminary
 4   1.         Short title
 5              This Law may be cited as the Health Practitioner Regulation National
 6              Law.

 7   2.         Commencement
 8              This Law commences in a participating jurisdiction as provided by the
 9              Act of that jurisdiction that applies this Law as a law of that
10              jurisdiction.

11   3.         Objectives and guiding principles
12        (1)   The object of this Law is to establish a national registration and
13              accreditation scheme for --
14                (a)   the regulation of health practitioners; and
15                (b)   the registration of students undertaking --
16                            (i)   programmes of study that provide a qualification for
17                                  registration in a health profession; or
18                        (ii)      clinical training in a health profession.
19        (2)   The objectives of the national registration and accreditation scheme
20              are --
21                (a)   to provide for the protection of the public by ensuring that
22                      only health practitioners who are suitably trained and
23                      qualified to practise in a competent and ethical manner are
24                      registered; and
25                (b)   to facilitate workforce mobility across Australia by reducing
26                      the administrative burden for health practitioners wishing to
27                      move between participating jurisdictions or to practise in
28                      more than one participating jurisdiction; and
29                (c)   to facilitate the provision of high quality education and
30                      training of health practitioners; and



     page 72
                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Health Practitioner Regulation National Law   Schedule
                                                          Preliminary       Part 1
                                                                               s. 4



 1                (d)   to facilitate the rigorous and responsive assessment of
 2                      overseas-trained health practitioners; and
 3                (e)   to facilitate access to services provided by health practitioners
 4                      in accordance with the public interest; and
 5                (f)   to enable the continuous development of a flexible,
 6                      responsive and sustainable Australian health workforce and to
 7                      enable innovation in the education of, and service delivery
 8                      by, health practitioners.
 9        (3)   The guiding principles of the national registration and accreditation
10              scheme are as follows --
11                (a)   the scheme is to operate in a transparent, accountable,
12                      efficient, effective and fair way;
13                (b)   fees required to be paid under the scheme are to be reasonable
14                      having regard to the efficient and effective operation of the
15                      scheme;
16                (c)   restrictions on the practice of a health profession are to be
17                      imposed under the scheme only if it is necessary to ensure
18                      health services are provided safely and are of an appropriate
19                      quality.

20   4.         How functions to be exercised
21              An entity that has functions under this Law is to exercise its functions
22              having regard to the objectives and guiding principles of the national
23              registration and accreditation scheme set out in section 3.

24   5.         Terms used
25              In this Law --
26              accreditation authority means --
27                (a)   an external accreditation entity; or
28                (b)   an accreditation committee;
29              accreditation committee means a committee established by a National
30              Board to exercise an accreditation function for the health profession
31              for which the Board is established;
32              accreditation standard, for a health profession, means a standard used
33              to assess whether a programme of study, and the education provider
34              that provides the programme of study, provide persons who complete

                                                                                  page 73
     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Part 1           Preliminary
     s. 5



 1             the programme with the knowledge, skills and professional attributes
 2             necessary to practise the profession in Australia;
 3             accredited programme of study means a programme of study
 4             accredited under section 48 by an accreditation authority;
 5             adjudication body means --
 6               (a)   a panel; or
 7               (b)   a responsible tribunal; or
 8               (c)   a Court; or
 9               (d)   an entity of a co-regulatory jurisdiction that is declared in the
10                     Act applying this Law to be an adjudication body for the
11                     purposes of this Law;
12             Advisory Council means the Australian Health Workforce Advisory
13             Council established by section 18;
14             Agency Fund means the Australian Health Practitioner Regulation
15             Agency Fund established by section 208;
16             Agency Management Committee means the Australian Health
17             Practitioner Regulation Agency Management Committee established
18             by section 29;
19             appropriate professional indemnity insurance arrangements, in
20             relation to a registered health practitioner, means professional
21             indemnity insurance arrangements that comply with an approved
22             registration standard for the health profession in which the
23             practitioner is registered;
24             approved accreditation standard means an accreditation standard --
25               (a)   approved by a National Board under section 47(3); and
26               (b)   published on the Board's website under section 47(6);
27             approved area of practice, for a health profession, means an area of
28             practice approved under section 15 for the profession;
29             approved programme of study, for a health profession or for
30             endorsement of registration in a health profession, means an
31             accredited programme of study --
32               (a)   approved under section 49(1) by the National Board
33                     established for the health profession; and
34               (b)   included in the list published by the National Agency under
35                     section 49(5);


     page 74
             Health Practitioner Regulation National Law (WA) Bill 2010
               Health Practitioner Regulation National Law   Schedule
                                               Preliminary       Part 1
                                                                    s. 5



 1   approved qualification --
 2     (a)    for a health profession, means a qualification obtained by
 3            completing an approved programme of study for the
 4            profession; and
 5     (b)    for endorsement of registration in a health profession, means
 6            a qualification obtained by completing an approved
 7            programme of study relevant to the endorsement;
 8   approved registration standard means a registration standard --
 9     (a)    approved by the Ministerial Council under section 12; and
10     (b)    published on the website of the National Board that
11            developed the standard;
12   Australian legal practitioner means a person who --
13     (a)    is admitted to the legal profession under the law of a State or
14            Territory; and
15     (b)    holds a current practising certificate under a law of a State or
16            Territory authorising the person to practise the legal
17            profession;
18   COAG Agreement means the agreement for a national registration
19   and accreditation scheme for health professions, made on
20   26 March 2008 between the Commonwealth, the States, the
21   Australian Capital Territory and the Northern Territory;
22   Note: A copy of the COAG Agreement is available on the Council of
23         Australian Governments' website.
24   co-regulatory authority, for a co-regulatory jurisdiction, means an
25   entity that is declared by the Act applying this Law in the
26   co-regulatory jurisdiction to be a co-regulatory authority for the
27   purposes of this Law;
28   co-regulatory jurisdiction means a participating jurisdiction in which
29   the Act applying this Law declares that the jurisdiction is not
30   participating in the health, performance and conduct process provided
31   by Part 8 Divisions 3 to 12;
32   corresponding prior Act means a law of a participating jurisdiction
33   that --
34     (a)    was in force before the day on which the jurisdiction became
35            a participating jurisdiction; and



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 1               (b)   established an entity having functions that included --
 2                        (i)   the registration of persons as health practitioners; or
 3                       (ii)   health, conduct or performance action;
 4             criminal history, of a person, means the following --
 5               (a)   every conviction of the person for an offence, in a
 6                     participating jurisdiction or elsewhere, and whether before or
 7                     after the commencement of this Law;
 8               (b)   every plea of guilty or finding of guilt by a court of the
 9                     person for an offence, in a participating jurisdiction or
10                     elsewhere, and whether before or after the commencement of
11                     this Law and whether or not a conviction is recorded for the
12                     offence;
13               (c)   every charge made against the person for an offence, in a
14                     participating jurisdiction or elsewhere, and whether before or
15                     after the commencement of this Law;
16             criminal history law means a law of a participating jurisdiction that
17             provides that spent or other convictions do not form part of a person's
18             criminal history and prevents or does not require the disclosure of
19             those convictions;
20             CrimTrac means the CrimTrac agency established under the Public
21             Service Act 1999 (Commonwealth) section 65;
22             division, of a health profession, means a part of a health profession for
23             which a Division is included in the National Register kept for the
24             profession;
25             education provider means --
26               (a)   a university; or
27               (b)   a tertiary education institution, or another institution or
28                     organisation, that provides vocational training; or
29               (c)   a specialist medical college or other health profession
30                     college;
31             entity includes a person and an unincorporated body;
32             exercise a function includes perform a duty;
33             external accreditation entity means an entity, other than a committee
34             established by a National Board, that exercises an accreditation
35             function;


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

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     Schedule         Health Practitioner Regulation National Law
     Part 1           Preliminary
     s. 5



 1               (k)    pharmacy;
 2                (l)   physiotherapy;
 3               (m)    podiatry;
 4               (n)    psychology;
 5             Note: See Division 15 of Part 12 which provides for a staged commencement
 6                   of the application of this Law to the Aboriginal and Torres Strait
 7                   Islander health practice, Chinese medicine, medical radiation practice
 8                   and occupational therapy professions.
 9             health profession agreement has the meaning given by section 26;
10             health programme means a programme providing education,
11             prevention, early intervention, treatment or rehabilitation services
12             relating to physical or mental impairments, disabilities, conditions or
13             disorders, including substance abuse or dependence;
14             health service includes the following services, whether provided as
15             public or private services --
16               (a)    services provided by registered health practitioners;
17               (b)    hospital services;
18               (c)    mental health services;
19               (d)    pharmaceutical services;
20               (e)    ambulance services;
21                (f)   community health services;
22               (g)    health education services;
23               (h)    welfare services necessary to implement any services referred
24                      to in paragraphs (a) to (g);
25                (i)   services provided by dieticians, masseurs, naturopaths, social
26                      workers, speech pathologists, audiologists or audiometrists;
27                (j)   pathology services;
28             health service provider means a person who provides a health service;
29             impairment, in relation to a person, means the person has a physical
30             or mental impairment, disability, condition or disorder (including
31             substance abuse or dependence) that detrimentally affects or is likely
32             to detrimentally affect --
33               (a)    for a registered health practitioner or an applicant for
34                      registration in a health profession, the person's capacity to
35                      practise the profession; or

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                                               Preliminary       Part 1
                                                                    s. 5



 1     (b)   for a student, the student's capacity to undertake clinical
 2           training --
 3              (i)   as part of the approved programme of study in which
 4                    the student is enrolled; or
 5             (ii)   arranged by an education provider;
 6   local registration authority means an entity having functions under a
 7   law of a State or Territory that include the registration of persons as
 8   health practitioners;
 9   mandatory notification means a notification an entity is required to
10   make to the National Agency under Part 8 Division 2;
11   medical practitioner means a person who is registered under this Law
12   in the medical profession;
13   Ministerial Council means the Australian Health Workforce
14   Ministerial Council comprising Ministers of the governments of the
15   participating jurisdictions and the Commonwealth with portfolio
16   responsibility for health;
17   National Agency means the Australian Health Practitioner Regulation
18   Agency established by section 23;
19   National Board means a National Health Practitioner Board
20   established by section 31;
21   National Register means the Register kept by a National Board under
22   section 222;
23   national registration and accreditation scheme means the scheme --
24     (a)   referred to in the COAG Agreement; and
25     (b)   established by this Law;
26   notification means --
27     (a)   a mandatory notification; or
28     (b)   a voluntary notification;
29   notifier means a person who makes a notification;
30   panel means --
31     (a)   a health panel; or
32     (b)   a performance and professional standards panel;
33   participating jurisdiction means a State or Territory --
34     (a)   that is a party to the COAG Agreement; and

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     Part 1           Preliminary
     s. 5



 1               (b)   in which --
 2                        (i)   this Law applies as a law of the State or Territory; or
 3                       (ii)   a law that substantially corresponds to the provisions
 4                              of this Law has been enacted;
 5             performance and professional standards panel means a panel
 6             established under section 182;
 7             performance assessment means an assessment of the knowledge, skill
 8             or judgment possessed, or care exercised by, a registered health
 9             practitioner in the practice of the health profession in which the
10             practitioner is registered;
11             police commissioner means the commissioner of the police force or
12             police service of a participating jurisdiction or the Commonwealth;
13             principal place of practice, for a registered health practitioner, means
14             the address declared by the practitioner to be the address --
15               (a)   at which the practitioner is predominantly practising the
16                     profession; or
17               (b)   if the practitioner is not practising the profession or is not
18                     practising the profession predominantly at one address, that is
19                     the practitioner's principal place of residence;
20             professional misconduct, of a registered health practitioner,
21             includes --
22               (a)   unprofessional conduct by the practitioner that amounts to
23                     conduct that is substantially below the standard reasonably
24                     expected of a registered health practitioner of an equivalent
25                     level of training or experience; and
26               (b)   more than one instance of unprofessional conduct that, when
27                     considered together, amounts to conduct that is substantially
28                     below the standard reasonably expected of a registered health
29                     practitioner of an equivalent level of training or experience;
30                     and
31               (c)   conduct of the practitioner, whether occurring in connection
32                     with the practice of the health practitioner's profession or not,
33                     that is inconsistent with the practitioner being a fit and proper
34                     person to hold registration in the profession;
35             programme of study means a programme of study provided by an
36             education provider;


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                                               Preliminary       Part 1
                                                                    s. 5



 1   psychologist means a person registered under this Law in the
 2   psychology profession;
 3   public health facility includes --
 4     (a)    a public hospital; and
 5     (b)   a public health, teaching or research facility;
 6   recognised specialty means a specialty in a health profession that has
 7   been approved by the Ministerial Council under section 13(2);
 8   registered health practitioner means an individual who --
 9     (a)   is registered under this Law to practise a health profession,
10           other than as a student; or
11     (b)   holds non-practicing registration under this Law in a health
12           profession;
13   registration authority means --
14     (a)   a local registration authority; or
15     (b)   an entity of a jurisdiction outside Australia that has
16           responsibility for registering health practitioners in that
17           jurisdiction;
18   registration standard means a registration standard developed by a
19   National Board under section 38;
20   registration status, in relation to an applicant for registration,
21   includes --
22     (a)   any undertakings given by the applicant to a registration
23           authority, whether before or after the commencement of this
24           Law; and
25     (b)   any conditions previously imposed on the applicant's
26           registration by a registration authority, whether before or after
27           the commencement of this Law; and
28     (c)   any decisions made by a registration authority, a tribunal, a
29           court or another entity having functions relating to the
30           regulation of health practitioners about the applicant's
31           practice of the profession, whether before or after the
32           commencement of this Law; and
33     (d)   any investigation commenced by a registration authority or a
34           health complaints entity into the applicant's conduct,
35           performance or possible impairment but not finalised at the
36           time of the application;

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     Schedule         Health Practitioner Regulation National Law
     Part 1           Preliminary
     s. 5



 1             relevant action, for Part 8 Division 10, see section 178;
 2             relevant fee, for a service provided by a National Board, means the
 3             fee --
 4               (a)    set under a health profession agreement between the Board
 5                      and the National Agency for the service; and
 6               (b)    published on the Board's website under section 26(3);
 7             responsible Minister means a Minister responsible for the
 8             administration of this Law in a participating jurisdiction;
 9             responsible tribunal means a tribunal or court that --
10               (a)    is declared, by the Act applying this Law in a participating
11                      jurisdiction, to be the responsible tribunal for that jurisdiction
12                      for the purposes of this Law as applied in that jurisdiction; or
13               (b)    is declared, by a law that substantially corresponds to this
14                      Law enacted in a participating jurisdiction, to be the
15                      responsible tribunal for that jurisdiction for the purposes of
16                      the law of that jurisdiction;
17             review period, for a condition or undertaking, means the period during
18             which the condition may not be changed or removed, or the
19             undertaking may not be changed or revoked, under section 125, 126
20             or 127;
21             scheduled medicine means a substance included in a Schedule to the
22             current Poisons Standard within the meaning of the Therapeutic
23             Goods Act 1989 (Commonwealth);
24             specialist health practitioner means a person registered under this
25             Law in a recognised specialty;
26             Specialists Register means a register kept by a National Board under
27             section 223;
28             specialist title, in relation to a recognised specialty, means a title that
29             is approved by the Ministerial Council under section 13 as being a
30             specialist title for that recognised specialty;
31             State or Territory Board has the meaning given by section 36;
32             student means a person whose name is entered in a student register as
33             being currently registered under this Law;
34             student register, for a health profession, means a register kept under
35             section 229 by the National Board established for the profession;


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             Health Practitioner Regulation National Law (WA) Bill 2010
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                                               Preliminary       Part 1
                                                                    s. 5



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


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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Part 1           Preliminary
     s. 6



 1              unsatisfactory professional performance, of a registered health
 2              practitioner, means the knowledge, skill or judgment possessed, or
 3              care exercised by, the practitioner in the practice of the health
 4              profession in which the practitioner is registered is below the standard
 5              reasonably expected of a health practitioner of an equivalent level of
 6              training or experience;
 7              voluntary notification means a notification made under Part 8
 8              Division 3.

 9   6.         Interpretation generally
10              Schedule 7 applies in relation to this Law.

11   7.         Single national entity
12        (1)   It is the intention of the Parliament of this jurisdiction that this Law as
13              applied by an Act of this jurisdiction, together with this Law as
14              applied by Acts of the other participating jurisdictions, has the effect
15              that an entity established by this Law is one single national entity,
16              with functions conferred by this Law as so applied.
17        (2)   An entity established by this Law has power to do acts in or in
18              relation to this jurisdiction in the exercise of a function expressed to
19              be conferred on it by this Law as applied by Acts of each participating
20              jurisdiction.
21        (3)   An entity established by this Law may exercise its functions in
22              relation to --
23                (a)   one participating jurisdiction; or
24                (b)   2 or more or all participating jurisdictions collectively.
25        (4)   In this section, a reference to this Law as applied by an Act of a
26              jurisdiction includes a reference to a law that substantially
27              corresponds to this Law enacted in a jurisdiction.

28   8.         Extraterritorial operation of Law
29              It is the intention of the Parliament of this jurisdiction that the
30              operation of this Law is to, as far as possible, include operation in
31              relation to the following --
32                (a)   things situated in or outside the territorial limits of this
33                      jurisdiction;

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                                                           Preliminary       Part 1
                                                                                s. 9



 1                 (b)   acts, transactions and matters done, entered into or occurring
 2                       in or outside the territorial limits of this jurisdiction;
 3                 (c)   things, acts, transactions and matters (wherever situated,
 4                       done, entered into or occurring) that would, apart from this
 5                       Law, be governed or otherwise affected by the law of another
 6                       jurisdiction.

 7   9.          Trans-Tasman mutual recognition principle
 8               This Law does not affect the operation of an Act of a participating
 9               jurisdiction providing for the application of the Trans-Tasman mutual
10               recognition principle to occupations.

11   10.         Law binds the State
12         (1)   This Law binds the State.
13         (2)   In this section --
14               State means the Crown in right of this jurisdiction, and includes --
15                 (a)   the Government of this jurisdiction; and
16                 (b)   a Minister of the Crown in right of this jurisdiction; and
17                 (c)   a statutory corporation, or other entity, representing the
18                       Crown in right of this jurisdiction.




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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Part 2           Ministerial Council
     s. 11




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


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                         Health Practitioner Regulation National Law (WA) Bill 2010
                           Health Practitioner Regulation National Law   Schedule
                                                    Ministerial Council      Part 2
                                                                               s. 12



 1   12.         Approval of registration standards
 2         (1)   The Ministerial Council may approve a registration standard about --
 3                 (a)    the registration, or renewal of registration, of persons in a
 4                        health profession; or
 5                 (b)    the endorsement, or renewal of the endorsement, of the
 6                        registration of registered health practitioners.
 7         (2)   The Ministerial Council may approve a registration standard for a
 8               health profession only if --
 9                 (a)    its approval is recommended by the National Board
10                        established for the health profession; and
11                 (b)    it does not provide for a matter about which an accreditation
12                        standard may provide.
13               Note: An accreditation standard for a health profession is a standard used to
14                     assess whether a programme of study, and the education provider that
15                     provides the programme, provide persons who complete the
16                     programme with the knowledge, skills and professional attributes to
17                     practise the profession in Australia. Accreditation standards are
18                     developed and approved under Division 3 of Part 6.

19         (3)   The Ministerial Council may, at any time, ask a National Board to
20               review an approved or proposed registration standard for the health
21               profession for which the National Board is established.

22   13.         Approvals in relation to specialist registration
23         (1)   The following health professions, or divisions of health professions,
24               are health professions for which specialist recognition operates under
25               this Law --
26                 (a)    the medical profession;
27                 (b)    the dentists division of the dental profession;
28                 (c)    any other health profession approved by the Ministerial
29                        Council, on the recommendation of the National Board
30                        established for the profession.
31         (2)   If a health profession is a profession for which specialist recognition
32               operates, the Ministerial Council may, on the recommendation of the
33               National Board established for the profession --
34                 (a)    approve a list of specialties for the profession; and


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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Part 2           Ministerial Council
     s. 14



 1                 (b)    approve one or more specialist titles for each specialty in the
 2                        list.
 3         (3)   In making a recommendation to the Ministerial Council for the
 4               purposes of subsection (1)(c) or (2), a National Board established for
 5               a health profession may have regard to any relevant advice provided
 6               by --
 7                  (a)   an accreditation authority for the profession; or
 8                 (b)    a specialist college for the profession.
 9         (4)   The Ministerial Council may provide guidance to a National Board
10               established for a health profession for which specialist recognition
11               will operate in relation to the criteria for the approval of specialties for
12               the profession by the Council.

13   14.         Approval of endorsement in relation to scheduled medicines
14         (1)   The Ministerial Council may, on the recommendation of a National
15               Board, decide that the Board may endorse the registration of health
16               practitioners practising the profession for which the Board is
17               established as being qualified to administer, obtain, possess, prescribe,
18               sell, supply or use a scheduled medicine or class of scheduled
19               medicines.
20               Note: See section 94 which provides for the endorsement of health
21                     practitioners' registration in relation to scheduled medicines.

22         (2)   An approval under subsection (1) is to specify --
23                  (a)   the class of health practitioners registered by the Board to
24                        which the approval relates; and
25                 (b)    whether the National Board may endorse the registration of
26                        the class of health practitioners as being qualified in relation
27                        to a particular scheduled medicine or a class of scheduled
28                        medicines; and
29                  (c)   whether the National Board may endorse the registration of
30                        the class of health practitioners in relation to administering,
31                        obtaining, possessing, prescribing, selling, supplying or using
32                        the scheduled medicine or class of scheduled medicines.




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                          Health Practitioner Regulation National Law (WA) Bill 2010
                            Health Practitioner Regulation National Law   Schedule
                                                     Ministerial Council      Part 2
                                                                                s. 15



 1   15.         Approval of areas of practice for purposes of endorsement
 2               The Ministerial Council may, on the recommendation of a National
 3               Board, approve an area of practice in the health profession for which
 4               the Board is established as being an area of practice for which the
 5               registration of a health practitioner registered in the profession may be
 6               endorsed.
 7               Note: See section 98 which provides for the endorsement of health
 8                     practitioners' registration in relation to approved areas of practice.

 9   16.         How Ministerial Council exercises functions
10         (1)   The Ministerial Council is to give a direction or approval, or make a
11               recommendation, request or appointment, for the purposes of a
12               provision of this Law by resolution of the Council passed in
13               accordance with procedures determined by the Council.
14         (2)   An act or thing done by the Ministerial Council (whether by
15               resolution, instrument or otherwise) does not cease to have effect
16               merely because of a change in the Council's membership.

17   17.         Notification and publication of directions and approvals
18         (1)   A copy of any direction given by the Ministerial Council to the
19               National Agency --
20                  (a)    is to be given to the Chairperson of the Agency Management
21                         Committee; and
22                 (b)     must be published by the National Agency on its website as
23                         soon as practicable after being received by the Chairperson.
24         (2)   A copy of a direction or approval given by the Ministerial Council to
25               a National Board --
26                  (a)    is to be given to the Chairperson of the National Board; and
27                 (b)     if the direction is given under section 11(3)(d), is to include
28                         reasons for the direction; and
29                  (c)    must be published by the National Board on its website as
30                         soon as practicable after being received by the Chairperson.
31         (3)   A copy of a direction or approval given by the Ministerial Council to
32               the National Agency or to a National Board is to be published in the
33               annual report of the National Agency.


                                                                                         page 89
     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Part 3           Australian Health Workforce Advisory Council
     s. 18




 1               Part 3 -- Australian Health Workforce Advisory Council
 2   18.           Establishment of Advisory Council
 3                 The Australian Health Workforce Advisory Council is established.

 4   19.           Function of Advisory Council
 5         (1)     The function of the Advisory Council is to provide independent
 6                 advice to the Ministerial Council about the following --
 7                   (a)   any matter relating to the national registration and
 8                         accreditation scheme that is referred to it by the Ministerial
 9                         Council;
10                   (b)   if asked by the Ministerial Council, any matter relating to the
11                         national registration and accreditation scheme on which the
12                         Ministerial Council has been unable to reach a decision;
13                   (c)   any other matter relating to the national registration and
14                         accreditation scheme that it considers appropriate.
15         (2)     Advice under this section cannot be about --
16                   (a)   a particular person; or
17                   (b)   a particular qualification; or
18                   (c)   a particular application, notification or proceeding.

19   20.           Publication of advice
20         (1)     The Ministerial Council is to make arrangements for the publication
21                 of advice given to it by the Advisory Council as soon as practicable
22                 after the Ministerial Council has had the opportunity to consider the
23                 advice, in accordance with the COAG Agreement.
24         (2)     However, the Ministerial Council may decide not to publish an advice
25                 or part of an advice if the Advisory Council recommends that the
26                 Council not publish it in the interests of protecting the privacy of any
27                 person.

28   21.           Powers of Advisory Council
29                 The Advisory Council has the powers necessary to enable it to
30                 exercise its function.


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                         Health Practitioner Regulation National Law (WA) Bill 2010
                           Health Practitioner Regulation National Law   Schedule
                         Australian Health Workforce Advisory Council        Part 3
                                                                               s. 22



 1   22.         Membership of Advisory Council
 2         (1)   The Advisory Council is to consist of 7 members.
 3         (2)   Members of the Advisory Council are to be appointed by the
 4               Ministerial Council.
 5         (3)   One of the members of the Advisory Council is to be appointed as
 6               Chairperson, being a person who --
 7                 (a)   is not a registered health practitioner; and
 8                 (b)   has not been registered as a health practitioner under this Law
 9                       or a corresponding prior Act within the last 5 years.
10         (4)   At least 3 of the other members of the Advisory Council are to be
11               persons who have expertise in health, or education and training, or
12               both.
13         (5)   Schedule 1 sets out provisions relating to the Advisory Council.




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     Part 4           Australian Health Practitioner Regulation Agency
     s. 23




 1          Part 4 -- Australian Health Practitioner Regulation Agency

 2                             Division 1 -- National Agency

 3   23.         National Agency
 4         (1)   The Australian Health Practitioner Regulation Agency is established.
 5         (2)   The National Agency --
 6                 (a)   is a body corporate with perpetual succession; and
 7                 (b)   has a common seal; and
 8                 (c)   may sue and be sued in its corporate name.
 9         (3)   The National Agency represents the State.
10         (4)   Schedule 3 sets out provisions relating to the National Agency.

11   24.         General powers of National Agency
12               The National Agency has all the powers of an individual and, in
13               particular, may --
14                 (a)   enter into contracts; and
15                 (b)   acquire, hold, dispose of, and deal with, real and personal
16                       property; and
17                 (c)   do anything necessary or convenient to be done in the
18                       exercise of its functions.

19   25.         Functions of National Agency
20               The functions of the National Agency are as follows --
21                 (a)   to provide administrative assistance and support to the
22                       National Boards, and the Boards' committees, in exercising
23                       their functions;
24                 (b)   in consultation with the National Boards, to develop and
25                       administer procedures for the purpose of ensuring the
26                       efficient and effective operation of the National Boards;
27                 (c)   to establish procedures for the development of accreditation
28                       standards, registration standards and codes and guidelines
29                       approved by National Boards, for the purpose of ensuring the


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 1                       national registration and accreditation scheme operates in
 2                       accordance with good regulatory practice;
 3                 (d)   to negotiate in good faith with, and attempt to come to an
 4                       agreement with, each National Board on the terms of a health
 5                       profession agreement;
 6                 (e)   to establish and administer an efficient procedure for
 7                       receiving and dealing with applications for registration as a
 8                       health practitioner and other matters relating to the
 9                       registration of registered health practitioners;
10                 (f)   in conjunction with the National Boards, to keep up-to-date
11                       and publicly accessible national registers of registered health
12                       practitioners for each health profession;
13                 (g)   in conjunction with the National Boards, to keep up-to-date
14                       national registers of students for each health profession;
15                 (h)   to keep an up-to-date and publicly accessible list of approved
16                       programmes of study for each health profession;
17                 (i)   to establish an efficient procedure for receiving and dealing
18                       with notifications against persons who are or were registered
19                       health practitioners and persons who are students, including
20                       by establishing a national process for receiving notifications
21                       about registered health practitioners in all professions;
22                 (j)   to provide advice to the Ministerial Council in connection
23                       with the administration of the national registration and
24                       accreditation scheme;
25                 (k)   if asked by the Ministerial Council, to give to the Ministerial
26                       Council the assistance or information reasonably required by
27                       the Ministerial Council in connection with the administration
28                       of the national registration and accreditation scheme;
29                 (l)   any other function given to the National Agency by or under
30                       this Law.

31   26.         Health profession agreements
32         (1)   The National Agency must enter into an agreement (a health
33               profession agreement) with a National Board that makes provision
34               for the following --
35                 (a)   the fees that will be payable under this Law by health
36                       practitioners and others in respect of the health profession for

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 1                       which the Board is established (including arrangements
 2                       relating to refunds of fees, waivers of fees and additional fees
 3                       for late payment);
 4                 (b)   the annual budget of the National Board (including the
 5                       funding arrangements for its committees and accreditation
 6                       authorities);
 7                 (c)   the services to be provided to the National Board by the
 8                       National Agency to enable the National Board to carry out its
 9                       functions under this Law.
10         (2)   If the National Agency and a National Board are unable to agree on a
11               matter relating to a health profession agreement or a proposed health
12               profession agreement, the Ministerial Council may give directions to
13               the National Agency and National Board about how the dispute is to
14               be resolved.
15         (3)   Each National Board must publish on its website the fees for which
16               provision has been made in a health profession agreement between the
17               Board and the National Agency.

18   27.         Cooperation with participating jurisdictions and Commonwealth
19         (1)   The National Agency may exercise any of its functions in cooperation
20               with or with the assistance of a participating jurisdiction or the
21               Commonwealth, including in cooperation with or with the assistance
22               of any of the following --
23                 (a)   a government agency of a participating jurisdiction or of the
24                       Commonwealth;
25                 (b)   a local registration authority;
26                 (c)   a co-regulatory authority;
27                 (d)   a health complaints entity;
28                 (e)   an educational body or other body established by or under a
29                       law of a participating jurisdiction or the Commonwealth.
30         (2)   In particular, the National Agency may --
31                 (a)   ask an entity referred to in subsection (1) for information that
32                       the Agency requires to exercise its functions under this Law;
33                       and
34                 (b)   use the information to exercise its functions under this Law.


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 1         (3)   An entity referred to in subsection (1) that receives a request for
 2               information from the National Agency is authorised to give the
 3               information to the National Agency.

 4   28.         Office of National Agency
 5         (1)   The National Agency is to establish a national office.
 6         (2)   The National Agency is also to establish at least one local office in
 7               each participating jurisdiction.

 8                       Division 2 -- Agency Management Committee

 9   29.         Agency Management Committee
10         (1)   The Australian Health Practitioner Regulation Agency Management
11               Committee is established.
12         (2)   The Agency Management Committee is to consist of at least
13               5 members appointed by the Ministerial Council.
14         (3)   Of the members --
15                 (a)     one is to be a person appointed by the Ministerial Council as
16                         Chairperson, being a person who --
17                           (i)   is not a registered health practitioner; and
18                          (ii)   has not been registered as a health practitioner under
19                                 this Law or a corresponding prior Act within the last
20                                 5 years;
21                         and
22                 (b)     at least 2 others are to be persons who have expertise in
23                         health, or education and training, or both; and
24                 (c)     at least 2 others are to be persons who are not current or
25                         former registered health practitioners and who have business
26                         or administrative expertise.
27         (4)   Schedule 2 sets out provisions relating to the Agency Management
28               Committee.




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 1   30.         Functions of Agency Management Committee
 2         (1)   The functions of the Agency Management Committee are as
 3               follows --
 4                 (a)   subject to any directions of the Ministerial Council, to decide
 5                       the policies of the National Agency;
 6                 (b)   to ensure that the National Agency performs its functions in a
 7                       proper, effective and efficient way;
 8                 (c)   any other function given to the Committee by or under this
 9                       Law.
10         (2)   The affairs of the National Agency are to be controlled by the Agency
11               Management Committee and all acts and things done in the name of,
12               or on behalf of, the National Agency by or with the authority of the
13               Agency Management Committee are taken to have been done by the
14               National Agency.




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1                              Part 5 -- National Boards

2                             Division 1 -- National Boards

3   31.         Establishment of National Boards
4         (1)   Each of the following National Health Practitioner Boards is
5               established for the health profession listed beside that Board in the
6               following Table --
7                                Table -- National Boards

                         Name of Board                     Health profession

                Aboriginal and Torres Strait        Aboriginal and Torres Strait
                Islander Health Practice Board      Islander health practice
                of Australia

                Chinese Medicine Board of           Chinese medicine
                Australia

                Chiropractic Board of Australia     chiropractic

                Dental Board of Australia           dental (including the profession
                                                    of a dentist, dental therapist,
                                                    dental hygienist, dental
                                                    prosthetist or oral health
                                                    therapist)

                Medical Board of Australia          medical

                Medical Radiation Practice          medical radiation practice
                Board of Australia

                Nursing and Midwifery Board         nursing and midwifery
                of Australia

                Occupational Therapy Board of       occupational therapy
                Australia

                Optometry Board of Australia        optometry


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                         Name of Board                       Health profession

                 Osteopathy Board of Australia         osteopathy

                 Pharmacy Board of Australia           pharmacy

                 Physiotherapy Board of                physiotherapy
                 Australia

                 Podiatry Board of Australia           podiatry

                 Psychology Board of Australia         psychology

 1         (2)   A National Board --
 2                 (a)   is a body corporate with perpetual succession; and
 3                 (b)   has a common seal; and
 4                 (c)   may sue and be sued in its corporate name.
 5         (3)   A National Board represents the State.

 6   32.         Powers of National Board
 7         (1)   Subject to subsection (2), a National Board has the powers necessary
 8               to enable it to exercise its functions.
 9         (2)   A National Board does not have power to --
10                 (a)   enter into contracts; or
11                 (b)   employ staff; or
12                 (c)   acquire, hold, dispose of, and deal with, real property.
13         (3)   The National Board may exercise any of its functions in cooperation
14               with or with the assistance of a participating jurisdiction or the
15               Commonwealth, including in cooperation with or with the assistance
16               of any of the following --
17                 (a)   a government agency of a participating jurisdiction or of the
18                       Commonwealth;
19                 (b)   a local registration authority;
20                 (c)   a co-regulatory authority;
21                 (d)   a health complaints entity;

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 1                 (e)   an educational body or other body established by or under a
 2                       law of a participating jurisdiction or the Commonwealth.
 3         (4)   In particular, the National Board may --
 4                 (a)   ask an entity referred to in subsection (3) for information that
 5                       the Board requires to exercise its functions under this Law;
 6                       and
 7                 (b)   use the information to exercise its functions under this Law.
 8         (5)   An entity referred to in subsection (3) that receives a request for
 9               information from the National Board is authorised to give the
10               information to the National Board.

11   33.         Membership of National Boards
12         (1)   A National Board is to consist of members appointed in writing by the
13               Ministerial Council.
14         (2)   Members of a National Board are to be appointed as practitioner
15               members or community members.
16         (3)   Subject to this section, the Ministerial Council may decide the size
17               and composition of a National Board.
18         (4)   At least half, but not more than two-thirds, of the members of a
19               National Board must be persons appointed as practitioner members.
20         (5)   The practitioner members of a National Board must consist of --
21                 (a)   at least one member from each large participating
22                       jurisdiction; and
23                 (b)   at least one member from a small participating jurisdiction.
24         (6)   At least 2 of the members of a National Board must be persons
25               appointed as community members.
26         (7)   At least one of the members of a National Board must live in a
27               regional or rural area.
28         (8)   A person cannot be appointed as a member of a National Board if the
29               person is a member of the Agency Management Committee.
30         (9)   One of the practitioner members of the National Board is to be
31               appointed as Chairperson of the Board by the Ministerial Council.


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     Part 5           National Boards
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 1     (10)      Schedule 4 sets out provisions relating to a National Board.
 2     (11)      In this section --
 3               large participating jurisdiction means any of the following States that
 4               is a participating jurisdiction --
 5                 (a)   New South Wales;
 6                 (b)   Queensland;
 7                 (c)   South Australia;
 8                 (d)   Victoria;
 9                 (e)   Western Australia;
10               small participating jurisdiction means any of the following States or
11               Territories that is a participating jurisdiction --
12                 (a)   the Australian Capital Territory;
13                 (b)   the Northern Territory;
14                 (c)   Tasmania.

15   34.         Eligibility for appointment
16         (1)   In deciding whether to appoint a person as a member of a National
17               Board, the Ministerial Council is to have regard to the skills and
18               experience of the person that are relevant to the Board's functions.
19         (2)   A person is eligible to be appointed as a practitioner member only if
20               the person is a registered health practitioner in the health profession
21               for which the Board is established.
22         (3)   A person is eligible to be appointed as a community member of a
23               National Board only if the person --
24                 (a)   is not a registered health practitioner in the health profession
25                       for which the Board is established; and
26                 (b)   has not at any time been registered as a health practitioner in
27                       the health profession under this Law or a corresponding prior
28                       Act.
29         (4)   A person is not eligible to be appointed as a member of a National
30               Board if --
31                 (a)   in the case of appointment as a practitioner member, the
32                       person has ceased to be registered as a health practitioner in


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 1                       the health profession for which the Board is established,
 2                       whether before or after the commencement of this Law, as a
 3                       result of the person's misconduct, impairment or
 4                       incompetence; or
 5                 (b)   in any case, the person has, at any time, been found guilty of
 6                       an offence (whether in a participating jurisdiction or
 7                       elsewhere) that, in the opinion of the Ministerial Council,
 8                       renders the person unfit to hold the office of member.

 9                       Division 2 -- Functions of National Boards

10   35.         Functions of National Boards
11         (1)   The functions of a National Board established for a health profession
12               are as follows --
13                 (a)   to register suitably qualified and competent persons in the
14                       health profession and, if necessary, to impose conditions on
15                       the registration of persons in the profession;
16                 (b)   to decide the requirements for registration or endorsement of
17                       registration in the health profession, including the
18                       arrangements for supervised practice in the profession;
19                 (c)   to develop or approve standards, codes and guidelines for the
20                       health profession, including --
21                          (i)   the approval of accreditation standards developed and
22                                submitted to it by an accreditation authority; and
23                         (ii)   the development of registration standards for
24                                approval by the Ministerial Council; and
25                        (iii)   the development and approval of codes and
26                                guidelines that provide guidance to health
27                                practitioners registered in the profession;
28                 (d)   to approve accredited programmes of study as providing
29                       qualifications for registration or endorsement in the health
30                       profession;
31                 (e)   to oversee the assessment of the knowledge and clinical skills
32                       of overseas trained applicants for registration in the health
33                       profession whose qualifications are not approved
34                       qualifications for the profession, and to determine the
35                       suitability of the applicants for registration in Australia;


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 1               (f)   to negotiate in good faith with, and attempt to come to an
 2                     agreement with, the National Agency on the terms of a health
 3                     profession agreement;
 4              (g)    to oversee the receipt, assessment and investigation of
 5                     notifications about persons who --
 6                       (i)   are or were registered as health practitioners in the
 7                             health profession under this Law or a corresponding
 8                             prior Act; or
 9                      (ii)   are students in the health profession;
10              (h)    to establish panels to conduct hearings about --
11                       (i)   health and performance and professional standards
12                             matters in relation to persons who are or were
13                             registered in the health profession under this Law or a
14                             corresponding prior Act; and
15                      (ii)   health matters in relation to students registered by the
16                             Board;
17               (i)   to refer matters about health practitioners who are or were
18                     registered under this Law or a corresponding prior Act to
19                     responsible tribunals for participating jurisdictions;
20               (j)   to oversee the management of health practitioners and
21                     students registered in the health profession, including
22                     monitoring conditions, undertaking and suspensions imposed
23                     on the registration of the practitioners or students;
24              (k)    to make recommendations to the Ministerial Council about
25                     the operation of specialist recognition in the health profession
26                     and the approval of specialties for the profession;
27               (l)   in conjunction with the National Agency, to keep up-to-date
28                     and publicly accessible national registers of registered health
29                     practitioners for the health profession;
30              (m)    in conjunction with the National Agency, to keep an
31                     up-to-date national register of students for the health
32                     profession;
33              (n)    at the Board's discretion, to provide financial or other support
34                     for health programmes for registered health practitioners and
35                     students;




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 1                     (o)   to give advice to the Ministerial Council on issues relating to
 2                           the national registration and accreditation scheme for the
 3                           health profession;
 4                     (p)   if asked by the Ministerial Council, to give to the Ministerial
 5                           Council the assistance or information reasonably required by
 6                           the Ministerial Council in connection with the national
 7                           registration and accreditation scheme;
 8                     (q)   to do anything else necessary or convenient for the effective
 9                           and efficient operation of the national registration and
10                           accreditation scheme;
11                     (r)   any other function given to the Board by or under this Law.
12         (2)   For the purposes of subsection (1)(g) to (j), the Board's functions do
13               not include receiving notifications and taking action referred to in
14               those paragraphs in relation to behaviour by a registered health
15               practitioner or student that occurred, or is reasonably believed to have
16               occurred, in a co-regulatory jurisdiction.

17   36.         State and Territory Boards
18         (1)   A National Board may establish a committee (a State or Territory
19               Board) for a participating jurisdiction to enable the Board to exercise
20               its functions in the jurisdiction in a way that provides an effective and
21               timely local response to health practitioners and other persons in the
22               jurisdiction.
23         (2)   A State or Territory Board is to be known as the "[Name of
24               participating jurisdiction for which it is established] Board" of the
25               National Board.
26         (3)   The members of a State or Territory Board are to be appointed by the
27               responsible Minister for the participating jurisdiction.
28               Example:

29               (a)     The Pharmacy Board of Australia decides to establish a State or
30                       Territory Board for New South Wales. The State or Territory Board will
31                       be known as the New South Wales Board of the Pharmacy Board of
32                       Australia. The members of the State or Territory Board will be appointed
33                       by the responsible Minister for New South Wales.

34               (b)     The Podiatry Board of Australia decides to establish a State or Territory
35                       Board for Queensland and the Northern Territory. The State or Territory
36                       Board will be known as the Queensland and Northern Territory Board of


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 1                    the Podiatry Board of Australia. The members of the State or Territory
 2                    Board will be appointed jointly by the responsible Ministers for
 3                    Queensland and the Northern Territory.

 4         (4)   In deciding whether to appoint a person as a member of a State or
 5               Territory Board, the responsible Minister is to have regard to the skills
 6               and experience of the person that are relevant to the Board's
 7               functions.
 8         (5)   At least half, but not more than two-thirds, of the members of a State
 9               or Territory Board must be persons appointed as practitioner
10               members.
11         (6)   At least 2 of the members of a State or Territory Board must be
12               persons appointed as community members.
13               Note: See section 299 which provides that subsections (5) and (6) do not
14                     apply to a State or Territory Board for a jurisdiction for the first
15                     12 months after the jurisdiction becomes a participating jurisdiction.

16         (7)   Before a responsible Minister appoints a member of a State or
17               Territory Board the vacancy to be filled is to be publicly advertised.
18         (8)   The National Agency may assist a responsible Minister in the process
19               of appointing members of a State or Territory Board, including in the
20               advertising of vacancies.
21         (9)   It is not necessary to advertise a vacancy in the membership of a State
22               or Territory Board before appointing a person to act in the office of a
23               member.
24               Note: The general interpretation provisions applicable to this Law under
25                     section 6 confer power to appoint acting members of a State or
26                     Territory Board.

27     (10)      This section does not limit Schedule 4 clause 11.
28               Note: Schedule 4 clause 11 confers power for the establishment of other
29                     committees.

30   37.         Delegation of functions
31         (1)   A National Board may delegate any of its functions, other than this
32               power of delegation, to --
33                  (a)   a committee; or
34                 (b)    the National Agency; or


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 1                   (c)   a member of the staff of the National Agency; or
 2                   (d)   a person engaged as a contractor by the National Agency.
 3         (2)     The National Agency may subdelegate any function delegated to the
 4                 National Agency by a National Board to a member of the staff of the
 5                 National Agency.

 6               Division 3 -- Registration standards and codes and guidelines

 7   38.           National Board must develop registration standards
 8         (1)     A National Board must develop and recommend to the Ministerial
 9                 Council one or more registration standards about the following
10                 matters for the health profession for which the Board is established --
11                   (a)   requirements for professional indemnity insurance
12                         arrangements for registered health practitioners registered in
13                         the profession;
14                   (b)   matters about the criminal history of applicants for
15                         registration in the profession, and registered health
16                         practitioners and students registered by the Board, including,
17                         the matters to be considered in deciding whether an
18                         individual's criminal history is relevant to the practice of the
19                         profession;
20                   (c)   requirements for continuing professional development for
21                         registered health practitioners registered in the profession;
22                   (d)   requirements about the English language skills necessary for
23                         an applicant for registration in the profession to be suitable
24                         for registration in the profession;
25                   (e)   requirements in relation to the nature, extent, period and
26                         recency of any previous practice of the profession by
27                         applicants for registration in the profession.
28         (2)     Subject to subsection (3), a National Board may also develop, and
29                 recommend to the Ministerial Council, one or more registration
30                 standards about the following --
31                   (a)   the physical and mental health of --
32                            (i)   applicants for registration in the profession; and
33                           (ii)   registered health practitioners and students;



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 1                 (b)    the scope of practice of health practitioners registered in the
 2                        profession;
 3                 (c)    any other issue relevant to the eligibility of individuals for
 4                        registration in the profession or the suitability of individuals
 5                        to competently and safely practise the profession.
 6         (3)   A registration standard may not be about a matter for which an
 7               accreditation standard may provide.
 8               Note: An accreditation standard for a health profession is used to assess
 9                     whether a programme of study, and the education provider that
10                     provides the programme of study, provide persons who complete the
11                     programme with the knowledge, skills and professional attributes to
12                     practise the profession. Accreditation standards are developed and
13                     approved under Division 3 of Part 6.

14   39.         Codes and guidelines
15               A National Board may develop and approve codes and guidelines --
16                 (a)    to provide guidance to the health practitioners it registers; and
17                 (b)    about other matters relevant to the exercise of its functions.
18               Example: A National Board may develop guidelines about the advertising of
19               regulated health services by health practitioners registered by the Board or
20               other persons for the purposes of section 133.

21   40.         Consultation about registration standards, codes and guidelines
22         (1)   If a National Board develops a registration standard or a code or
23               guideline, it must ensure there is wide-ranging consultation about its
24               content.
25         (2)   A contravention of subsection (1) does not invalidate a registration
26               standard, code or guideline.
27         (3)   The following must be published on a National Board's website --
28                 (a)    a registration standard developed by the Board and approved
29                        by the Ministerial Council;
30                 (b)    a code or guideline approved by the National Board.
31         (4)   An approved registration standard or a code or guideline takes
32               effect --
33                 (a)    on the day it is published on the National Board's website; or


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1           (b)   if a later day is stated in the registration standard, code or
2                 guideline, on that day.

3   41.   Use of registration standards, codes or guidelines in disciplinary
4         proceedings
5         An approved registration standard for a health profession, or a code or
6         guideline approved by a National Board, is admissible in proceedings
7         under this Law or a law of a co-regulatory jurisdiction against a health
8         practitioner registered by the Board as evidence of what constitutes
9         appropriate professional conduct or practice for the health profession.




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     Part 6           Accreditation
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 1                                Part 6 -- Accreditation

 2                                Division 1 -- Preliminary

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

27                        Division 2 -- Accreditation authorities

28   43.         Accreditation authority to be decided
29         (1)   The National Board established for a health profession must decide
30               whether an accreditation function for the health profession for which
31               the Board is established is to be exercised by --
32                 (a)   an external accreditation entity; or


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 1                 (b)    a committee established by the Board.
 2               Note: See sections 253 and 301 which provide for the performance of
 3                     accreditation functions for a health profession by external accreditation
 4                     authorities appointed by the Ministerial Council for a period after the
 5                     commencement of this Law.

 6         (2)   The National Agency may charge an entity the relevant fee for the
 7               exercise of an accreditation function by an accreditation committee.

 8   44.         National Agency may enter into contracts with external
 9               accreditation entities
10               The National Agency may enter into a contract with an external
11               accreditation entity for the performance by the entity of an
12               accreditation function for a health profession only if the terms of the
13               contract are in accordance with the health profession agreement
14               between the National Agency and the National Board established for
15               that profession.

16   45.         Accreditation processes to be published
17               Each accreditation authority must publish on its website or, if the
18               authority is an accreditation committee, the website of the National
19               Board that established the committee, how it will exercise its
20               accreditation function.

21                           Division 3 -- Accreditation functions

22   46.         Development of accreditation standards
23         (1)   An accreditation standard for a health profession may be developed
24               by --
25                  (a)   an external accreditation entity for the health profession; or
26                 (b)    an accreditation committee established by the National Board
27                        established for the health profession.
28         (2)   In developing an accreditation standard for a health profession, an
29               accreditation authority must undertake wide-ranging consultation
30               about the content of the standard.




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 1   47.         Approval of accreditation standards
 2         (1)   An accreditation authority must, as soon as practicable after
 3               developing an accreditation standard for a health profession, submit it
 4               to the National Board established for the health profession.
 5         (2)   As soon as practicable after a National Board receives an
 6               accreditation standard under subsection (1), the Board must decide
 7               to --
 8                 (a)   approve the accreditation standard; or
 9                 (b)   refuse to approve the accreditation standard; or
10                 (c)   ask the accreditation authority to review the standard.
11         (3)   If the National Board decides to approve the accreditation standard it
12               must give written notice of the approval to --
13                 (a)   the National Agency; and
14                 (b)   the accreditation authority that submitted the standard to the
15                       Board.
16         (4)   If the National Board decides to refuse to approve the accreditation
17               standard --
18                 (a)   it must give written notice of the refusal, including the
19                       reasons for the refusal, to the accreditation authority that
20                       submitted the standard; and
21                 (b)   the accreditation authority is entitled to publish any
22                       information or advice it gave the Board about the standard.
23         (5)   If the National Board decides to ask the accreditation authority to
24               review the standard it must give the authority a written notice that --
25                 (a)   states that the authority is being asked to review the standard;
26                       and
27                 (b)   identifies the matters the authority is to address before again
28                       submitting the standard to the Board.
29         (6)   An accreditation standard approved by a National Board must be
30               published on its website.
31         (7)   An accreditation standard takes effect --
32                 (a)   on the day it is published on the National Board's website; or
33                 (b)   if a later day is stated in the standard, on that day.

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 1   48.         Accreditation of programmes of study
 2         (1)   An accreditation authority for a health profession may accredit a
 3               programme of study if, after assessing the programme, the authority is
 4               reasonably satisfied --
 5                 (a)   the programme of study, and the education provider that
 6                       provides the programme of study, meet an approved
 7                       accreditation standard for the profession; or
 8                 (b)   the programme of study, and the education provider that
 9                       provides the programme of study, substantially meet an
10                       approved accreditation standard for the profession and the
11                       imposition of conditions on the approval will ensure the
12                       programme meets the standard within a reasonable time.
13         (2)   If the accreditation authority decides to accredit a programme of
14               study, with or without conditions, it must give to the National Board
15               established for the health profession a report about the authority's
16               accreditation of the programme.
17         (3)   If the accreditation authority decides to refuse to accredit a
18               programme of study it must give written notice of the decision to the
19               education provider that provides the programme of study.
20         (4)   The notice must state --
21                 (a)   the reasons for the decision; and
22                 (b)   that, within 30 days after receiving the notice, the education
23                       provider may apply to the accreditation authority for an
24                       internal review of the decision; and
25                 (c)   how the education provider may apply for the review.
26         (5)   An education provider given a notice under subsection (3) may apply,
27               as stated in the notice, for an internal review of the accreditation
28               authority's decision to refuse to accredit the programme of study.
29         (6)   The internal review must not be carried out by a person who assessed
30               the programme of study for the accreditation authority.

31   49.         Approval of accredited programmes of study
32         (1)   If a National Board is given a report by an accreditation authority
33               about the authority's accreditation of a programme of study, the
34               Board may approve, or refuse to approve, the accredited programme

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 1               of study as providing a qualification for the purposes of registration in
 2               the health profession for which the Board is established.
 3         (2)   An approval under subsection (1) may be granted subject to the
 4               conditions the National Board considers necessary or desirable in the
 5               circumstances.
 6         (3)   If the National Board decides to approve the accredited programme of
 7               study it must give written notice of the approval to --
 8                 (a)   the National Agency for inclusion of the programme of study
 9                       in the list under subsection (5); and
10                 (b)   the accreditation authority that submitted the programme to
11                       the Board.
12         (4)   If the National Board decides to refuse to approve the accredited
13               programme of study --
14                 (a)   it must give written notice of the refusal, including the
15                       reasons for the refusal, to the accreditation authority that
16                       submitted the programme; and
17                 (b)   the accreditation authority is entitled to publish any
18                       information or advice it gave the Board about the programme.
19         (5)   A list of the programmes of study approved by a National Board as
20               providing a qualification for registration in the health profession for
21               which the Board is established must be published on the National
22               Agency's website.
23         (6)   The list of approved programmes of study published under
24               subsection (5) must include, for each programme of study, the name
25               of the university, specialist medical or other college or other
26               education provider that provides the approved programme of study.
27         (7)   An approval under subsection (1) does not take effect until the
28               programme of study is included in the list published under
29               subsection (5).

30   50.         Accreditation authority to monitor approved programmes of
31               study
32         (1)   The accreditation authority that accredited an approved programme of
33               study must monitor the programme and the education provider that
34               provides the programme to ensure the authority continues to be

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 1               satisfied the programme and provider meet an approved accreditation
 2               standard for the health profession.
 3         (2)   If the accreditation authority reasonably believes the programme of
 4               study and education provider no longer meet an approved
 5               accreditation standard for the health profession, the accreditation
 6               authority must --
 7                 (a)   decide to --
 8                          (i)   impose the conditions on the accreditation that the
 9                                accreditation authority considers necessary to ensure
10                                the programme of study will meet the standard within
11                                a reasonable time; or
12                         (ii)   revoke the accreditation of the programme of study;
13                       and
14                 (b)   give the National Board that approved the accredited
15                       programme of study written notice of the accreditation
16                       authority's decision.

17   51.         Changes to approval of programme of study
18         (1)   If a National Board is given notice under section 50(2)(b) that an
19               accreditation authority has revoked the accreditation of a programme
20               of study approved by the Board, the Board's approval of the
21               programme is taken to have been cancelled at the same time the
22               accreditation was revoked.
23         (2)   If a National Board reasonably believes, because of a notice given to
24               the Board under section 50(2)(b) or for any other reason, that an
25               accredited programme of study approved by the Board no longer
26               provides a qualification for the purposes of registration in the health
27               profession for which the Board is established, the Board may decide
28               to --
29                 (a)   impose the conditions the Board considers necessary or
30                       desirable on the approval of the accredited programme of
31                       study to ensure the programme provides a qualification for
32                       the purposes of registration; or
33                 (b)   cancel its approval of the accredited programme of study.




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1      (3)     If a National Board makes a decision under subsection (2), it must
2              give written notice of the decision, including the reasons for the
3              decision, to the accreditation authority that accredited the programme.




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 1                   Part 7 -- Registration of health practitioners

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

29   53.         Qualifications for general registration
30               An individual is qualified for general registration in a health
31               profession if --
32                 (a)   the individual holds an approved qualification for the health
33                       profession; or

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 1                 (b)   the individual holds a qualification the National Board
 2                       established for the health profession considers to be
 3                       substantially equivalent, or based on similar competencies, to
 4                       an approved qualification; or
 5                 (c)   the individual holds a qualification, not referred to in
 6                       paragraph (a) or (b), relevant to the health profession and has
 7                       successfully completed an examination or other assessment
 8                       required by the National Board for the purpose of general
 9                       registration in the health profession; or
10                 (d)   the individual --
11                          (i)   holds a qualification, not referred to in paragraph (a)
12                                or (b), that under this Law or a corresponding prior
13                                Act qualified the individual for general registration
14                                (however described) in the health profession; and
15                         (ii)   was previously registered under this Law or the
16                                corresponding prior Act on the basis of holding that
17                                qualification.

18   54.         Examination or assessment for general registration
19               For the purposes of section 52(1)(b)(ii), if a National Board requires
20               an individual to undertake an examination or assessment, the
21               examination or assessment must be conducted by an accreditation
22               authority for the health profession, unless the Board decides
23               otherwise.

24   55.         Unsuitability to hold general registration
25         (1)   A National Board may decide an individual is not a suitable person to
26               hold general registration in a health profession if --
27                 (a)   in the Board's opinion, the individual has an impairment that
28                       would detrimentally affect the individual's capacity to
29                       practise the profession to such an extent that it would or may
30                       place the safety of the public at risk; or
31                 (b)   having regard to the individual's criminal history to the extent
32                       that is relevant to the individual's practice of the profession,
33                       the individual is not, in the Board's opinion, an appropriate
34                       person to practise the profession or it is not in the public
35                       interest for the individual to practise the profession; or


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 1           (c)   the individual has previously been registered under a relevant
 2                 law and during the period of that registration proceedings
 3                 under Part 8, or proceedings that substantially correspond to
 4                 proceedings under Part 8, were started against the individual
 5                 but not finalised; or
 6           (d)   in the Board's opinion, the individual's competency in
 7                 speaking or otherwise communicating in English is not
 8                 sufficient for the individual to practise the profession; or
 9           (e)   the individual's registration (however described) in the health
10                 profession in a jurisdiction that is not a participating
11                 jurisdiction, whether in Australia or elsewhere, is currently
12                 suspended or cancelled on a ground for which an adjudication
13                 body could suspend or cancel a health practitioner's
14                 registration in Australia; or
15           (f)   the nature, extent, period and recency of any previous
16                 practice of the profession is not sufficient to meet the
17                 requirements specified in an approved registration standard
18                 relevant to general registration in the profession; or
19           (g)   the individual fails to meet any other requirement in an
20                 approved registration standard for the profession about the
21                 suitability of individuals to be registered in the profession or
22                 to competently and safely practise the profession; or
23           (h)   in the Board's opinion, the individual is for any other
24                 reason --
25                    (i)   not a fit and proper person for general registration in
26                          the profession; or
27                   (ii)   unable to practise the profession competently and
28                          safely.
29   (2)   In this section --
30         relevant law means --
31           (a)   this Law or a corresponding prior Act; or
32           (b)   the law of another jurisdiction, whether in Australia or
33                 elsewhere.




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 1   56.         Period of general registration
 2         (1)   The period of registration that is to apply to a health practitioner
 3               granted general registration in a health profession is the period (the
 4               registration period), not more than 12 months, decided by the
 5               National Board established for the profession and published on the
 6               Board's website.
 7         (2)   If the National Board decides to register a health practitioner in the
 8               health profession during a registration period, the registration --
 9                 (a)   starts when the Board makes the decision; and
10                 (b)   expires at the end of the last day of the registration period.

11                           Division 2 -- Specialist registration

12   57.         Eligibility for specialist registration
13         (1)   An individual is eligible for specialist registration in a recognised
14               specialty in a health profession if --
15                 (a)   the individual is qualified for registration in the specialty; and
16                 (b)   the individual has successfully completed --
17                          (i)   any period of supervised practice in the specialty
18                                required by an approved registration standard for the
19                                health profession; or
20                         (ii)   any examination or assessment required by an
21                                approved registration standard for the health
22                                profession to assess the individual's ability to
23                                competently and safely practise the specialty;
24                       and
25                 (c)   the individual is a suitable person to hold registration in the
26                       health profession; and
27                 (d)   the individual is not disqualified under this Law or a law of a
28                       co-regulatory jurisdiction from applying for registration, or
29                       being registered, in the specialty; and
30                 (e)   the individual meets any other requirements for registration
31                       stated in an approved registration standard for the specialty.




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 1         (2)   Without limiting subsection (1), the National Board may decide the
 2               individual is eligible for registration in the recognised specialty by
 3               imposing conditions on the registration under section 83.

 4   58.         Qualifications for specialist registration
 5               An individual is qualified for specialist registration in a recognised
 6               specialty in a health profession if the individual --
 7                 (a)   holds an approved qualification for the specialty; or
 8                 (b)   holds another qualification the National Board established for
 9                       the health profession considers to be substantially equivalent,
10                       or based on similar competencies, to an approved
11                       qualification for the specialty; or
12                 (c)   holds a qualification, not referred to in paragraph (a) or (b),
13                       relevant to the specialty and has successfully completed an
14                       examination or other assessment required by the National
15                       Board for the purpose of registration in the specialty; or
16                 (d)   the individual --
17                          (i)   holds a qualification, not referred to in paragraph (a)
18                                or (b), that under this Law or a corresponding prior
19                                Act qualified the individual for specialist registration
20                                (however described) in the specialty; and
21                         (ii)   was previously registered under this Law or the
22                                corresponding prior Act on the basis of holding that
23                                qualification for the specialty.

24   59.         Examination or assessment for specialist registration
25               For the purposes of section 57(1)(b)(ii), if the National Board requires
26               an individual to undertake an examination or assessment, the
27               examination or assessment must be conducted by an accreditation
28               authority for the health profession, unless the Board decides
29               otherwise.

30   60.         Unsuitability to hold specialist registration
31         (1)   Section 55 applies to the making of a decision by a National Board
32               that an individual is not a suitable person to hold specialist
33               registration in a recognised specialty.



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 1         (2)   For the purposes of subsection (1), a reference in section 55 to --
 2                 (a)   general registration in the health profession is taken to be a
 3                       reference to specialist registration in a recognised specialty;
 4                       and
 5                 (b)   the health profession is taken to be a reference to the
 6                       recognised specialty.

 7   61.         Period of specialist registration
 8         (1)   The period of registration that is to apply to a health practitioner
 9               granted specialist registration in a recognised specialty in a health
10               profession is the period (the registration period), not more than
11               12 months, decided by the National Board established for the
12               profession and published on the Board's website.
13         (2)   If the National Board decides to register a health practitioner in a
14               recognised specialty for the health profession during a registration
15               period, the specialist registration --
16                 (a)   starts when the Board makes the decision; and
17                 (b)   expires at the end of the last day of the registration period.

18                          Division 3 -- Provisional registration

19   62.         Eligibility for provisional registration
20         (1)   An individual is eligible for provisional registration in a health
21               profession, to enable the individual to complete a period of supervised
22               practice that the individual requires to be eligible for general
23               registration in the health profession, if --
24                 (a)   the individual is qualified for general registration in the
25                       profession; and
26                 (b)   the individual is a suitable person to hold provisional
27                       registration in the profession; and
28                 (c)   the individual is not disqualified under this Law or a law of a
29                       co-regulatory jurisdiction from applying for, or being
30                       registered in, the profession; and
31                 (d)   the individual meets any other requirements for registration
32                       stated in an approved registration standard for the health
33                       profession.


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 1         (2)   Without limiting subsection (1), the National Board established for
 2               the health profession may decide the individual is eligible for
 3               provisional registration in the health profession by imposing
 4               conditions on the registration under section 83.

 5   63.         Unsuitability to hold provisional registration
 6         (1)   Section 55 applies to a decision by a National Board that an individual
 7               is not a suitable person to hold provisional registration in a health
 8               profession.
 9         (2)   For the purposes of subsection (1), a reference in section 55 to general
10               registration in the health profession is taken to be a reference to
11               provisional registration in the health profession.

12   64.         Period of provisional registration
13         (1)   The period of registration (the registration period) that is to apply to a
14               health practitioner granted provisional registration in a health
15               profession is --
16                  (a)    the period decided by the National Board established for the
17                         profession, but not more than 12 months, and published on
18                         the Board's website; or
19                 (b)     the longer period prescribed by a regulation.
20         (2)   If the National Board decides to register a health practitioner in the
21               health profession during a registration period, the registration --
22                  (a)    starts when the Board makes the decision; and
23                 (b)     expires at the end of the last day of the registration period.
24         (3)   Provisional registration may not be renewed more than twice.
25               Note: If an individual were not able to complete the supervised practice the
26                     individual requires for general registration in a health profession during
27                     the period consisting of the individual's initial period of registration and
28                     2 renewals of that registration, the individual would need to make a
29                     new application for provisional registration in the profession.




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 1                            Division 4 -- Limited registration

 2   65.         Eligibility for limited registration
 3         (1)   An individual is eligible for limited registration in a health profession
 4               if --
 5                 (a)   the individual is not qualified for general registration in the
 6                       profession or specialist registration in a recognised specialty
 7                       in the profession; and
 8                 (b)   the individual is qualified under this Division for limited
 9                       registration; and
10                 (c)   the individual is a suitable person to hold limited registration
11                       in the profession; and
12                 (d)   the individual is not disqualified under this Law or a law of a
13                       co-regulatory jurisdiction from applying for registration, or
14                       being registered, in the health profession; and
15                 (e)   the individual meets any other requirements for registration
16                       stated in an approved registration standard for the health
17                       profession.
18         (2)   Without limiting subsection (1), the National Board established for
19               the health profession may decide the individual is eligible for
20               registration in the profession by imposing conditions on the
21               registration under section 83.

22   66.         Limited registration for postgraduate training or supervised
23               practice
24         (1)   An individual may apply for limited registration to enable the
25               individual to undertake a period of postgraduate training or supervised
26               practice in a health profession, or to undertake assessment or sit an
27               examination, approved by the National Board established for the
28               profession.
29         (2)   The individual is qualified for the limited registration applied for if
30               the National Board is satisfied the individual has completed a
31               qualification that is relevant to, and suitable for, the postgraduate
32               training, supervised practice, assessment or examination.




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




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 1   68.         Limited registration in public interest
 2         (1)   An individual may apply for limited registration to enable the
 3               individual to practise a health profession for a limited time, or for a
 4               limited scope, in the public interest.
 5         (2)   The individual is qualified for the limited registration applied for if
 6               the National Board established for the health profession is satisfied it
 7               is in the public interest for an individual with the individual's
 8               qualifications and experience to practise the profession for that time
 9               or scope.

10   69.         Limited registration for teaching or research
11         (1)   An individual may apply for limited registration in a health profession
12               to enable the individual to fill a teaching or research position.
13         (2)   The individual is qualified for the limited registration applied for if
14               the National Board established for the health profession is satisfied
15               the individual's qualifications are relevant to, and suitable for, the
16               position.

17   70.         Unsuitability to hold limited registration
18         (1)   Section 55 applies to a decision by a National Board that an individual
19               is not a suitable person to hold limited registration in a health
20               profession.
21         (2)   For the purposes of subsection (1), a reference in section 55 to general
22               registration in the health profession is taken to be a reference to
23               limited registration in the health profession.

24   71.         Limited registration not to be held for more than one purpose
25               An individual may not hold limited registration in the same health
26               profession for more than one purpose under this Division at the same
27               time.

28   72.         Period of limited registration
29         (1)   The period of registration that is to apply to a health practitioner
30               granted limited registration in a health profession is the period (the
31               registration period), not more than 12 months, decided by the



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                                                                                s. 73



 1               National Board established for the profession and published on the
 2               Board's website.
 3         (2)   If the National Board decides to register a health practitioner in the
 4               health profession during a registration period, the registration --
 5                  (a)   starts when the Board makes the decision; and
 6                 (b)    expires at the end of the last day of the registration period.
 7         (3)   Limited registration may not be renewed more than 3 times.
 8               Note: If an individual had been granted limited registration in a health
 9                     profession for a purpose under this Division, had subsequently
10                     renewed the registration in the profession for that purpose 3 times and
11                     at the end of the period wished to continue holding limited registration
12                     in the profession for that purpose, the individual would need to make a
13                     new application for limited registration in the profession for that
14                     purpose.

15                        Division 5 -- Non-practicing registration

16   73.         Eligibility for non-practicing registration
17               An individual is eligible for non-practicing registration in a health
18               profession if --
19                  (a)   the individual --
20                           (i)   holds or has held general registration in the health
21                                 profession under this Law; or
22                          (ii)   holds or has held specialist registration in a
23                                 recognised specialty in the health profession under
24                                 this Law; or
25                         (iii)   held registration in the health profession under a
26                                 corresponding prior Act that was equivalent to
27                                 general registration or specialist registration in the
28                                 health profession under this Law;
29                        and
30                 (b)    the individual is a suitable person to hold non-practicing
31                        registration in the profession.




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 1   74.         Unsuitability to hold non-practicing registration
 2               A National Board may decide an individual is not a suitable person to
 3               hold non-practicing registration in a health profession if --
 4                 (a)   having regard to the individual's criminal history to the extent
 5                       that is relevant to the individual's practice of the profession,
 6                       the individual is not, in the Board's opinion, an appropriate
 7                       person to hold registration in the profession or it is not in the
 8                       public interest for the individual to hold registration in the
 9                       profession; or
10                 (b)   in the Board's opinion, the individual is for any other reason
11                       not a fit and proper person to hold non-practicing registration
12                       in the profession.

13   75.         Registered health practitioner who holds non-practicing
14               registration must not practise the profession
15         (1)   A registered health practitioner who holds non-practicing registration
16               in a health profession must not practise the profession.
17         (2)   A contravention of subsection (1) by a registered health practitioner
18               does not constitute an offence but may constitute behaviour for which
19               health, conduct or performance action may be taken.

20   76.         Period of non-practicing registration
21         (1)   The period of registration that is to apply to a health practitioner
22               granted non-practicing registration in a health profession is the period
23               (the registration period), not more than 12 months, decided by the
24               National Board established for the profession and published on the
25               Board's website.
26         (2)   If the National Board decides to register a health practitioner in the
27               health profession during a registration period, the registration --
28                 (a)   starts when the Board makes the decision; and
29                 (b)   expires at the end of the last day of the registration period.




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 1                        Division 6 -- Application for registration

 2   77.         Application for registration
 3         (1)   An individual may apply to a National Board for registration in the
 4               health profession for which the Board is established.
 5         (2)   An application must --
 6                  (a)   be in the form approved by the National Board; and
 7                 (b)    be accompanied by the relevant fee; and
 8                  (c)   be accompanied by proof of the applicant's identity; and
 9                 (d)    be accompanied by any other information reasonably required
10                        by the Board.
11         (3)   Without limiting subsection (2)(a), a form approved by a National
12               Board for the purposes of that subsection must require an applicant --
13                  (a)   to provide a declaration about --
14                           (i)    the address at which the applicant will predominantly
15                                  practise the profession; or
16                          (ii)    if the applicant will not be practising the profession
17                                  or will not predominantly practise the profession at
18                                  one address, the address that is the applicant's
19                                  principal place of residence;
20                        and
21                 (b)    to provide an address to be used by the Board in
22                        corresponding with the applicant; and
23                  (c)   to disclose the applicant's criminal history; and
24                 (d)    to authorise the Board to obtain the applicant's criminal
25                        history.
26               Note: See the definition of criminal history which applies to offences in
27                     participating jurisdictions and elsewhere, including outside Australia.

28         (4)   A criminal history law does not apply to the requirement under
29               subsection (3)(c) for the applicant to disclose the applicant's criminal
30               history.
31         (5)   Information in the application must, if the approved form requires, be
32               verified by a statutory declaration.


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 1   78.         Power to check applicant's proof of identity
 2         (1)   If an applicant for registration gives a National Board a document as
 3               evidence of the applicant's identity under this section, the Board may,
 4               by written notice, ask the entity that issued the document --
 5                 (a)   to confirm the validity of the document; or
 6                 (b)   to give the Board other information relevant to the applicant's
 7                       identity.
 8         (2)   An entity given a notice under subsection (1) is authorised to give the
 9               National Board the information requested in the notice.

10   79.         Power to check applicant's criminal history
11         (1)   Before deciding an application for registration, a National Board must
12               check the applicant's criminal history.
13         (2)   For the purposes of checking an applicant's criminal history, a
14               National Board may obtain a written report about the criminal history
15               of the applicant from any of the following --
16                 (a)   CrimTrac;
17                 (b)   a police commissioner;
18                 (c)   an entity in a jurisdiction outside Australia that has access to
19                       records about the criminal history of persons in that
20                       jurisdiction.
21         (3)   A criminal history law does not apply to a report about an applicant's
22               criminal history under subsection (2).

23   80.         Boards' other powers before deciding application for registration
24         (1)   Before deciding an application for registration, a National Board
25               may --
26                 (a)   investigate the applicant, including, for example, by asking an
27                       entity --
28                          (i)   to give the Board information about the applicant; or
29                         (ii)   to verify information or a document that relates to the
30                                applicant;
31                       and



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 1         Examples: If the applicant is or has been registered by another registration
 2         authority, the National Board may ask the registration authority for information
 3         about the applicant's registration status.

 4         The National Board may ask an entity that issued qualifications that the
 5         applicant believes qualifies the applicant for registration for confirmation that
 6         the qualification was issued to the applicant.
 7           (b)    by written notice given to the applicant, require the applicant
 8                  to give the Board, within a reasonable time stated in the
 9                  notice, further information or a document the Board
10                  reasonably requires to decide the application; and
11            (c)   by written notice given to the applicant, require the applicant
12                  to attend before the Board, within a reasonable time stated in
13                  the notice and at a reasonable place, to answer any questions
14                  of the Board relating to the application; and
15           (d)    by written notice given to the applicant, require the applicant
16                  to undergo an examination or assessment, within a reasonable
17                  time stated in the notice and at a reasonable place, to assess
18                  the applicant's ability to practise the health profession in
19                  which registration is sought; and
20            (e)   by written notice given to the applicant, require the applicant
21                  to undergo a health assessment, within a reasonable time
22                  stated in the notice and at a reasonable place.
23   (2)   The National Board may require the information or document referred
24         to in subsection (1)(b) to be verified by a statutory declaration.
25   (3)   If the National Board requires an applicant to undertake an
26         examination or assessment under subsection (1)(d) to assess the
27         applicant's ability to practise the health profession --
28            (a)   the examination or assessment must be conducted by an
29                  accreditation authority for the health profession, unless the
30                  Board decides otherwise; and
31           (b)    the National Agency may require the applicant to pay the
32                  relevant fee.
33   (4)   A notice under subsection (1)(d) or (e) must state --
34            (a)   the reason for the examination or assessment; and
35           (b)    the name and qualifications of the person appointed by the
36                  National Board to conduct the examination or assessment;
37                  and

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 1                 (c)   the place where, and the day and time at which, the
 2                       examination or assessment is to be conducted.
 3         (5)   The applicant is taken to have withdrawn the application if, within the
 4               stated time, the applicant does not comply with a requirement under
 5               subsection (1).

 6   81.         Applicant may make submissions about proposed refusal of
 7               application or imposition of condition
 8         (1)   If, after considering an application for registration, a National Board
 9               is proposing to refuse to register the applicant or to register the
10               applicant subject to a condition, the Board must give the applicant
11               written notice of the proposal.
12         (2)   The notice must --
13                 (a)   state the reasons for the proposal; and
14                 (b)   invite the applicant to make a written or verbal submission to
15                       the Board by the date stated in the notice, being not less than
16                       30 days after the day the notice is given to the applicant,
17                       about the proposal.

18   82.         Decision about application
19         (1)   After considering an application for registration and any submissions
20               made in accordance with a notice under section 81, a National Board
21               established for a health profession must --
22                 (a)   decide to grant the applicant the type of registration in the
23                       health profession applied for if the applicant is eligible for
24                       that type of registration under a relevant section; or
25                 (b)   decide to grant the applicant a type of registration in the
26                       health profession, other than the type of registration applied
27                       for, for which the applicant is eligible under a relevant
28                       section; or
29                 (c)   decide to refuse to grant the applicant registration in the
30                       health profession if --
31                          (i)   the applicant is ineligible for registration in the
32                                profession under a relevant section because the
33                                applicant --
34                                    (I)   is not qualified for registration; or


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 1                                      (II)    has not completed a period of supervised
 2                                              practice in the health profession, or an
 3                                              examination or assessment required by the
 4                                              Board to assess the individual's ability to
 5                                              practise the profession; or
 6                                      (III)   is not a suitable person to hold registration;
 7                                              or
 8                                      (IV)    is disqualified under this Law from
 9                                              applying for registration, or being
10                                              registered, in the health profession; or
11                                      (V)     does not meet a requirement for registration
12                                              stated in an approved registration standard
13                                              for the profession;
14                                 or
15                          (ii)   it would be improper to register the applicant because
16                                 the applicant or someone else gave the National
17                                 Board information or a document in relation to the
18                                 application that was false or misleading in a material
19                                 particular.
20         (2)   In this section --
21               relevant section means section 52, 57, 62, 65 or 73.

22   83.         Conditions of registration
23         (1)   If a National Board decides to register a person in the health
24               profession for which the Board is established, the registration is
25               subject to any condition the Board considers necessary or desirable in
26               the circumstances.
27               Note: A failure by a registered health practitioner to comply with a condition
28                     of the practitioner's registration does not constitute an offence but may
29                     constitute behaviour for which health, conduct or performance action
30                     may be taken.

31         (2)   If the National Board decides to register the person subject to a
32               condition referred to in subsection (1), the Board must decide a
33               review period for the condition.




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 1   84.         Notice to be given to applicant
 2         (1)   Within 30 days after making the decision under section 82, the
 3               National Board must --
 4                 (a)   give the applicant written notice of the Board's decision; and
 5                 (b)   if the Board decides to register the applicant, give the
 6                       applicant a certificate of registration.
 7         (2)   If the Board decides not to register the applicant, or decides to register
 8               the applicant in a type of registration other than the registration
 9               applied for or subject to a condition, the notice under subsection (1)(a)
10               must state --
11                 (a)   the reasons for the decision; and
12                 (b)   that the applicant may appeal against the decision; and
13                 (c)   how an application for appeal may be made and the period
14                       within which the application must be made.

15   85.         Failure to decide application
16               If a National Board fails to decide an application for registration
17               within 90 days after its receipt, or the longer period agreed between
18               the Board and the applicant, the failure by the Board to make a
19               decision is taken to be a decision to refuse to register the applicant.

20                           Division 7 -- Student registration

21     Subdivision 1 -- Persons undertaking approved programmes of study

22   86.         Terms used
23               In this Subdivision --
24               approved programme of study, for a health profession, does not
25               include an approved programme of study that provides a qualification
26               for endorsement of registration in the profession but does not qualify
27               a person for registration in the profession;
28               particulars means particulars required to be included in the student
29               register.




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 1   87.         National Board must register persons undertaking approved
 2               programme of study
 3         (1)   The National Board established for a health profession must decide
 4               whether persons who are undertaking an approved programme of
 5               study for the health profession must be registered --
 6                 (a)   for the entire period during which the persons are enrolled in
 7                       the approved programme of study; or
 8                 (b)   for the period starting when the persons begin a particular
 9                       part of the approved programme of study and ending when
10                       the persons complete, or otherwise cease to be enrolled in, the
11                       programme.
12         (2)   In deciding whether to register persons undertaking an approved
13               programme of study for the entire period of the programme of study
14               or only part of the period, the National Board must have regard to --
15                 (a)   the likelihood that persons undertaking the approved
16                       programme of study will, in the course of undertaking the
17                       programme, have contact with members of the public; and
18                 (b)   if it is likely that the persons undertaking the approved
19                       programme of study will have contact with members of the
20                       public --
21                          (i)   when in the approved programme of study it is likely
22                                the persons will have contact with members of the
23                                public; and
24                         (ii)   the potential risk that contact may pose to members
25                                of the public.

26   88.         National Board may ask education provider for list of persons
27               undertaking approved programme of study
28         (1)   For the purposes of registering persons as required by section 87, a
29               National Board may, at any time by written notice given to an
30               education provider, ask the provider for the following --
31                 (a)   the particulars of all persons who are undertaking an
32                       approved programme of study for the health profession for
33                       which the Board is established;
34                 (b)   the particulars of all persons who will be undertaking the part
35                       of the approved programme of study specified in the notice.


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 1         (2)   An education provider given a notice under subsection (1) must not
 2               fail, without reasonable excuse, to comply with the notice.
 3         (3)   A contravention of subsection (2) does not constitute an offence.
 4         (4)   However, if an education provider does not comply with a notice
 5               under subsection (1) --
 6                 (a)   the National Board that gave the education provider the
 7                       notice must publish details of the failure to comply with the
 8                       notice on the Board's website; and
 9                 (b)   the National Agency may, on the recommendation of the
10                       National Board, include a statement about the failure to
11                       comply with the notice in the Agency's annual report.

12   89.         Registration of students
13         (1)   On receipt of the particulars of persons undertaking an approved
14               programme of study, or part of an approved programme of study,
15               under section 88 --
16                 (a)   the National Board may register the persons as students in the
17                       health profession by entering the persons' particulars in the
18                       student register kept by the Board; or
19                 (b)   the National Board may --
20                         (i)    by written notice given to each person, require the
21                                person to complete an application for registration as a
22                                student in the form approved by the National Board;
23                                and
24                         (ii)   on receipt of the person's application form, register
25                                the person as a student in the health profession by
26                                entering the person's particulars in the student
27                                register kept by the Board.
28         (2)   The National Board must not register a person as a student if the
29               person is undertaking an approved programme of study for a health
30               profession in which the person already holds registration under
31               Division 6.
32         (3)   The National Board must not require a person to pay a fee for
33               registration as a student.



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 1         (4)    As soon as practicable after registering a person as a student, a
 2                National Board must give written notice of the registration to --
 3                  (a)   the education provider that provided the student's particulars
 4                        to the Board; and
 5                  (b)   if the Board required the person to complete an application
 6                        form for registration, the student.
 7         (5)    As soon as practicable after receiving notice that a student has been
 8                registered under subsection (1)(a), the education provider must give
 9                written notice of the registration to the student.

10   90.          Period of student registration
11                The period of registration for a student --
12                  (a)   starts when the student is registered under section 89; and
13                  (b)   expires at the end of the day on which the student completes,
14                        or otherwise ceases to be enrolled in, the approved
15                        programme of study.

16               Subdivision 2 -- Other persons to be registered as students

17   91.          Education provider to provide lists of persons
18         (1)    If an education provider arranges clinical training in a health
19                profession for a person who is not enrolled in an approved programme
20                of study for the profession, the education provider must give the
21                National Board established for the profession written notice about the
22                arrangement.
23         (2)    Subsection (1) does not apply if the person is a registered health
24                practitioner who is registered in the health profession in which the
25                clinical training is being undertaken.
26         (3)    A notice under subsection (1) must include --
27                  (a)   the particulars of the person undertaking the clinical training;
28                        and
29                  (b)   particulars of the arrangement for the person to undertake the
30                        clinical training.




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 1         (4)   On receipt of a notice under subsection (1) --
 2                 (a)   the National Board may register the persons as students in the
 3                       health profession by entering the persons' particulars in the
 4                       student register kept by the Board; or
 5                 (b)   the National Board may --
 6                          (i)   by written notice given to each person, require the
 7                                person to complete an application for registration as a
 8                                student in the form approved by the National Board;
 9                                and
10                         (ii)   on receipt of the person's application form, register
11                                the person as a student in the health profession by
12                                entering the person's particulars in the student
13                                register kept by the Board.
14         (5)   As soon as practicable after registering a person as a student under
15               subsection (4), a National Board must give written notice of the
16               registration to the education provider that provided the student's
17               particulars to the Board.
18         (6)   The National Board must not require a person to pay a fee for
19               registration as a student.
20         (7)   A student's period of registration under this section --
21                 (a)   starts when the student is registered under subsection (4); and
22                 (b)   expires at the end of the day on which the person completes,
23                       or otherwise ceases to undertake, the period of clinical
24                       training.

25               Subdivision 3 -- General provisions applicable to students

26   92.         Notice to be given if student registration suspended or condition
27               imposed
28         (1)   This section applies if, at any time, any of the following events
29               occurs --
30                 (a)   a person's registration as a student under this Law is
31                       suspended;
32                 (b)   a condition is imposed on a person's registration as a student
33                       under this Law or a condition to which a person's registration
34                       is subject is changed or removed;

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 1                 (c)   a National Board accepts an undertaking from a person who
 2                       is a student.
 3         (2)   The National Board that registered the person must, as soon as
 4               practicable after the event occurs, give written notice of the event to
 5               the education provider with which the person is undertaking the
 6               approved programme of study.
 7         (3)   If an education provider is given a notice under subsection (2) about a
 8               person, the education provider must, as soon as practicable after
 9               receiving the notice, give notice of the event to any entity with whom
10               the person is undertaking training as part of the approved programme
11               of study.

12   93.         Report to National Board of cessation of status as student
13         (1)   This section applies if --
14                 (a)   a student completes, or otherwise ceases to be enrolled in, an
15                       approved programme of study for a health profession
16                       provided by an education provider; or
17                 (b)   a student completes, or otherwise ceases to undertake, clinical
18                       training in a health profession arranged by an education
19                       provider.
20         (2)   The education provider must give written notice of the student ceasing
21               to be enrolled in the programme of study, or to undertake the clinical
22               training, to the National Board established for the health profession
23               within 60 days of it occurring.
24         (3)   A contravention of subsection (2) does not constitute an offence.
25         (4)   However, if an education provider contravenes subsection (2) --
26                 (a)   the National Board must publish details of the contravention
27                       on the Board's website; and
28                 (b)   the National Agency may, on the recommendation of the
29                       National Board, include a statement about the contravention
30                       in the Agency's annual report.




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 1                          Division 8 -- Endorsement of registration
 2          Subdivision 1 -- Endorsement in relation to scheduled medicines

 3   94.         Endorsement for scheduled medicines
 4         (1)   A National Board may, in accordance with an approval given by the
 5               Ministerial Council under section 14, endorse the registration of a
 6               registered health practitioner registered by the Board as being
 7               qualified to administer, obtain, possess, prescribe, sell, supply or use a
 8               scheduled medicine or class of scheduled medicines if the
 9               practitioner --
10                  (a)     holds either of the following qualifications relevant to the
11                          endorsement --
12                             (i)   an approved qualification;
13                            (ii)   another qualification that, in the Board's opinion, is
14                                   substantially equivalent to, or based on similar
15                                   competencies to, an approved qualification;
16                          and
17                 (b)      complies with any approved registration standard relevant to
18                          the endorsement.
19               Note: The endorsement of a health practitioner's registration under this
20                     section indicates the practitioner is qualified to administer, obtain,
21                     possess, prescribe, sell, supply or use the scheduled medicine or class
22                     of medicines specified in the endorsement but does not authorise the
23                     practitioner to do so. The authorisation of a health practitioner to
24                     administer, obtain, possess, prescribe, sell, supply or use scheduled
25                     medicines in a participating jurisdiction will be provided for by or under
26                     another Act of that jurisdiction.

27                        Health practitioners registered in certain health professions will be
28                        authorised to administer, obtain, possess, prescribe, sell, supply or use
29                        scheduled medicines by or under an Act of a participating jurisdiction
30                        without the need for the health practitioners to hold an endorsement
31                        under this Law.

32         (2)   An endorsement under subsection (1) must state --
33                  (a)     the scheduled medicine or class of scheduled medicines to
34                          which the endorsement relates; and
35                 (b)      whether the registered health practitioner is qualified to
36                          administer, obtain, possess, prescribe, sell, supply or use the
37                          scheduled medicine or class of scheduled medicines; and

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 1                 (c)   if the endorsement is for a limited period, the date the
 2                       endorsement expires.

 3           Subdivision 2 -- Endorsement in relation to nurse practitioners

 4   95.         Endorsement as nurse practitioner
 5         (1)   The Nursing and Midwifery Board of Australia may endorse the
 6               registration of a registered health practitioner whose name is included
 7               in the Register of Nurses as being qualified to practise as a nurse
 8               practitioner if the practitioner --
 9                 (a)   holds either of the following qualifications relevant to the
10                       endorsement --
11                          (i)   an approved qualification;
12                         (ii)   another qualification that, in the Board's opinion, is
13                                substantially equivalent to, or based on similar
14                                competencies to, an approved qualification;
15                       and
16                 (b)   complies with any approved registration standard relevant to
17                       the endorsement.
18         (2)   An endorsement under subsection (1) must state --
19                 (a)   that the registered health practitioner is entitled to use the title
20                       "nurse practitioner"; and
21                 (b)   any conditions applicable to the practice by the registered
22                       health practitioner as a nurse practitioner.

23          Subdivision 3 -- Endorsement in relation to midwife practitioners

24   96.         Endorsement as midwife practitioner
25         (1)   The Nursing and Midwifery Board of Australia may endorse the
26               registration of a registered health practitioner whose name is included
27               in the Register of Midwives as being qualified to practise as a
28               midwife practitioner if the practitioner --
29                 (a)   holds either of the following qualifications relevant to the
30                       endorsement --
31                          (i)   an approved qualification;



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 1                         (ii)   another qualification that, in the Board's opinion, is
 2                                substantially equivalent to, or based on similar
 3                                competencies to, an approved qualification;
 4                       and
 5                 (b)   complies with any approved registration standard relevant to
 6                       the endorsement.
 7         (2)   An endorsement under subsection (1) must state --
 8                 (a)   that the registered health practitioner is entitled to use the title
 9                       "midwife practitioner"; and
10                 (b)   any conditions applicable to the practice by the registered
11                       health practitioner as a midwife practitioner.

12               Subdivision 4 -- Endorsement in relation to acupuncture

13   97.         Endorsement for acupuncture
14         (1)   A National Board may endorse the registration of a registered health
15               practitioner registered by the Board as being qualified to practise as
16               an acupuncturist if the practitioner --
17                 (a)   holds either of the following qualifications relevant to the
18                       endorsement --
19                          (i)   an approved qualification;
20                         (ii)   another qualification that, in the Board's opinion, is
21                                substantially equivalent to, or based on similar
22                                competencies to, an approved qualification;
23                       and
24                 (b)   complies with an approved registration standard relevant to
25                       the endorsement.
26         (2)   An endorsement under subsection (1) must state --
27                 (a)   that the registered health practitioner is entitled to use the title
28                       "acupuncturist"; and
29                 (b)   any conditions applicable to the practice of acupuncture by
30                       the registered health practitioner.




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

 2   98.         Endorsement for approved area of practice
 3         (1)   A National Board established for a health profession may, in
 4               accordance with an approval given by the Ministerial Council under
 5               section 15, endorse the registration of a registered health practitioner
 6               registered by the Board as being qualified to practise in an approved
 7               area of practice for the health profession if the practitioner --
 8                 (a)     holds either of the following qualifications relevant to the
 9                         endorsement --
10                           (i)   an approved qualification;
11                          (ii)   another qualification that, in the Board's opinion, is
12                                 substantially equivalent to, or based on similar
13                                 competencies to, an approved qualification;
14                         and
15                 (b)     complies with an approved registration standard relevant to
16                         the endorsement.
17         (2)   An endorsement under subsection (1) must state --
18                 (a)     the approved area of practice to which the endorsement
19                         relates; and
20                 (b)     any conditions applicable to the practice by the registered
21                         health practitioner in the approved area of practice.

22                       Subdivision 6 -- Application for endorsement

23   99.         Application for endorsement
24         (1)   An individual may apply to a National Board for endorsement of the
25               individual's registration.
26         (2)   The application must --
27                 (a)     be in the form approved by the National Board; and
28                 (b)     be accompanied by the relevant fee; and
29                 (c)     be accompanied by any other information reasonably required
30                         by the Board.




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 1      (3)     For the purposes of subsection (2)(c), the information a National
 2              Board may require an applicant to provide includes --
 3                (a)   evidence of the qualifications in the health profession the
 4                      applicant believes qualifies the applicant for endorsement;
 5                      and
 6                (b)   evidence of successful completion of any period of
 7                      supervised practice required by an approved registration
 8                      standard; and
 9                (c)   if the applicant is required to complete an examination or
10                      assessment set by or on behalf of the Board, evidence of the
11                      successful completion of the examination or assessment.

12   100.       Boards' other powers before deciding application for
13              endorsement
14      (1)     Before deciding an application for endorsement, a National Board
15              may --
16                (a)   investigate the applicant, including, for example, by asking an
17                      entity --
18                           (i)   to give the Board information about the applicant; or
19                        (ii)     to verify information or a document that relates to the
20                                 applicant;
21                      or
22                (b)   by written notice to the applicant, require the applicant to
23                      give the Board, within a reasonable time stated in the notice,
24                      further information or a document the Board reasonably
25                      requires to decide the application; or
26                (c)   by written notice to the applicant, require the applicant to
27                      attend before the Board, within a reasonable time stated in the
28                      notice and at a reasonable place, to answer any questions of
29                      the Board relating to the application; or
30                (d)   by written notice to the applicant, require the applicant to
31                      undergo a written, oral or practical examination, within a
32                      reasonable time stated in the notice and at a reasonable place.
33      (2)     The purpose of an examination under subsection (1)(d) must be to
34              assess the applicant's ability to practise the health profession in
35              accordance with the endorsement sought.


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 1      (3)   The applicant is taken to have withdrawn the application if, within the
 2            stated time, the applicant does not comply with a requirement under
 3            subsection (1).

 4   101.     Applicant may make submissions about proposed refusal of
 5            application or imposition of condition
 6      (1)   If, after considering an application for endorsement of a registration, a
 7            National Board is proposing to refuse to endorse the applicant's
 8            registration or to endorse the applicant's registration subject to a
 9            condition, the Board must give the applicant written notice of the
10            proposal.
11      (2)   The notice must --
12              (a)   state the reasons for the proposal; and
13              (b)   invite the applicant to make a written or verbal submission to
14                    the Board by the date stated in the notice, being not less than
15                    30 days after the day the notice is given to the applicant,
16                    about the proposal.

17   102.     Decision about application
18      (1)   After considering an application for endorsement and any submissions
19            made in accordance with a notice under section 101, a National Board
20            must decide to endorse, or refuse to endorse, the applicant's
21            registration as sought.
22      (2)   Without limiting subsection (1), a National Board may refuse to
23            endorse an applicant's registration if --
24              (a)   the applicant is not qualified for the endorsement under a
25                    relevant section; or
26              (b)   the Board considers the applicant is not competent to practise
27                    the health profession in accordance with the endorsement
28                    sought.
29      (3)   In this section --
30            relevant section means section 94, 95, 96, 97 or 98.

31   103.     Conditions of endorsement
32      (1)   If a National Board decides to endorse the applicant's registration
33            under section 102, the Board may decide to impose on the

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 1              endorsement the conditions the Board considers necessary or
 2              desirable in the circumstances.
 3              Note: A failure by a registered health practitioner to comply with a condition
 4                    of the practitioner's registration does not constitute an offence but may
 5                    constitute behaviour for which health, conduct or performance action
 6                    may be taken.

 7      (2)     If the National Board decides to impose a condition on the
 8              endorsement, the Board must also decide a review period for the
 9              condition.

10   104.       Notice of decision to be given to applicant
11      (1)     As soon as practicable after making the decision under section 102,
12              the National Board must --
13                 (a)   give the applicant written notice of the Board's decision; and
14                (b)    if the Board decides to endorse the applicant's registration,
15                       give the applicant a new certificate of registration.
16      (2)     If the Board decides not to endorse the applicant's registration or
17              decides to endorse the applicant's registration subject to a condition,
18              the notice under subsection (1)(a) must state --
19                 (a)   the reasons for the decision; and
20                (b)    that the applicant may appeal against the decision; and
21                 (c)   how an application for appeal may be made and the period
22                       within which the application must be made.

23   105.       Period of endorsement
24              If a National Board decides to endorse a registered health
25              practitioner's registration, the endorsement --
26                 (a)   starts when the Board makes the decision; and
27                (b)    expires when the practitioner's registration ends.

28   106.       Failure to decide application for endorsement
29              If a National Board fails to decide an application for endorsement
30              within 90 days after its receipt, or the longer period agreed between
31              the Board and the applicant, the failure by the Board to make a
32              decision is taken to be a decision to refuse to endorse the applicant's
33              registration.

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 1                      Division 9 -- Renewal of registration

 2   107.     Application for renewal of registration or endorsement
 3      (1)   A registered health practitioner may apply to the National Board that
 4            registered the practitioner for renewal of the health practitioner's
 5            registration.
 6      (2)   An application for renewal of a registered health practitioner's
 7            registration must be made not later than one month after the
 8            practitioner's period of registration ends.
 9      (3)   If the registered health practitioner's registration has been endorsed
10            by the National Board, the application for renewal of the
11            practitioner's registration is taken to also be an application for a
12            renewal of the endorsement.
13      (4)   The application for renewal of registration must --
14              (a)   be in the form approved by the National Board; and
15              (b)   be accompanied by the relevant fee; and
16              (c)   if the application for renewal is made after the registered
17                    health practitioner's period of registration ends, be
18                    accompanied by the relevant fee for a late application; and
19              (d)   be accompanied by the annual statement required under
20                    section 109; and
21              (e)   be accompanied by any other information reasonably required
22                    by the Board.

23   108.     Registration taken to continue in force
24      (1)   If a registered health practitioner applies under section 107 to renew
25            the practitioner's registration, the applicant's registration, including
26            any endorsement of the registration, is taken to continue in force from
27            the day it would, apart from this section, have ended until --
28              (a)   if the National Board decides to renew the applicant's
29                    registration, the day a new certificate of registration is issued
30                    to the applicant; or
31              (b)   if the National Board decides to refuse to renew the
32                    applicant's registration, the day the applicant is given notice
33                    of the decision.


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 1      (2)     If a health practitioner does not apply to renew the practitioner's
 2              registration before the practitioner's period of registration ends, the
 3              registration, including any endorsement of the registration, is taken to
 4              continue in force until --
 5                (a)   the end of the day that is one month after the day the period
 6                      of registration would, apart from this subsection, have ended;
 7                      or
 8                (b)   if the health practitioner applies for renewal of the
 9                      registration not later than one month after the practitioner's
10                      period of registration ends, the day referred to in
11                      subsection (1)(a) or (b).
12      (3)     Subsection (1) or (2) does not apply if the registration is earlier
13              cancelled under this Law.

14   109.       Annual statement
15      (1)     An application for renewal of registration must include or be
16              accompanied by a statement that includes the following --
17                (a)   a declaration by the applicant that --
18                         (i)    the applicant does not have an impairment; and
19                        (ii)    the applicant has met any recency of practice
20                                requirements stated in an approved registration
21                                standard for the health profession; and
22                        (iii)   the applicant has completed the continuing
23                                professional development the applicant was required
24                                by an approved registration standard to undertake
25                                during the applicant's preceding period of
26                                registration; and
27                        (iv)    the applicant has not practised the health profession
28                                during the preceding period of registration without
29                                appropriate professional indemnity insurance
30                                arrangements being in place in relation to the
31                                applicant; and
32                         (v)    if the applicant's registration is renewed the applicant
33                                will not practise the health profession unless
34                                appropriate professional indemnity insurance
35                                arrangements are in place in relation to the applicant;



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 1              (b)    details of any change in the applicant's criminal history that
 2                     occurred during the applicant's preceding period of
 3                     registration;
 4            Note: See the definition of criminal history which applies to offences in
 5                  participating jurisdictions and elsewhere, including outside Australia.
 6               (c)   if the applicant's right to practise at a hospital or another
 7                     facility at which health services are provided was withdrawn
 8                     or restricted during the applicant's preceding period of
 9                     registration because of the applicant's conduct, professional
10                     performance or health, details of the withdrawal or restriction
11                     of the right to practise;
12              (d)    if the applicant's billing privileges were withdrawn or
13                     restricted under the Medicare Australia Act 1973
14                     (Commonwealth) during the applicant's preceding period of
15                     registration because of the applicant's conduct, professional
16                     performance or health, details of the withdrawal or restriction
17                     of the privileges;
18               (e)   details of any complaint made about the applicant to a
19                     registration authority or another entity having functions
20                     relating to professional services provided by health
21                     practitioners or the regulation of health practitioners;
22               (f)   any other information required by an approved registration
23                     standard.
24      (2)   Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an
25            applicant who is applying for the renewal of non-practicing
26            registration.

27   110.     National Board's powers before making decision
28            Before deciding an application for renewal of registration, a National
29            Board may exercise a power under section 80 as if the application
30            were an application for registration made under section 77.

31   111.     Applicant may make submissions about proposed refusal of
32            application for renewal or imposition of condition
33      (1)   If, after considering an application for renewal of registration, a
34            National Board is proposing to refuse to renew the applicant's
35            registration or to renew the applicant's registration subject to a new


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 1              condition, the Board must give the applicant written notice of the
 2              proposal.
 3      (2)     The notice must --
 4                (a)   state the reasons for the proposal; and
 5                (b)   invite the applicant to make a written or verbal submission to
 6                      the Board by the date stated in the notice, being not less than
 7                      30 days after the day the notice is given to the applicant,
 8                      about the proposal.

 9   112.       Decision about application for renewal
10      (1)     After considering an application for renewal of registration and any
11              submissions made in accordance with a notice under section 111, a
12              National Board may decide to renew, or refuse to renew, the
13              applicant's registration or the endorsement.
14      (2)     The National Board may refuse to renew the applicant's registration
15              or any endorsement on the applicant's registration --
16                (a)   on any ground on which the Board could refuse to grant the
17                      registration or endorsement under section 82 or 102 if the
18                      application were for a grant of registration or endorsement; or
19                (b)   if the applicant contravened any condition to which the
20                      applicant's previous registration or endorsement was subject;
21                      or
22                (c)   if, during the applicant's previous period of registration, the
23                      applicant failed to have appropriate professional indemnity
24                      insurance arrangements or failed to complete the continuing
25                      professional development required by an approved
26                      registration standard for the profession; or
27                (d)   if a statement made by the applicant in the applicant's annual
28                      statement was false or misleading in a material particular; or
29                (e)   if the application is for the renewal of provisional registration
30                      and the applicant's provisional registration has previously
31                      been renewed twice; or
32                (f)   if the application is for the renewal of limited application and
33                      the applicant's limited registration has previously been
34                      renewed 3 times.



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 1   (3)   If the National Board renews a registration, including any
 2         endorsement on the registration, the registration or endorsement is
 3         subject to --
 4            (a)   any condition to which the registration was subject
 5                  immediately before the renewal; and
 6           (b)    any condition the Board considers necessary or desirable in
 7                  the circumstances.
 8         Note: A failure by a registered health practitioner to comply with a condition
 9               of the practitioner's registration does not constitute an offence but may
10               constitute behaviour for which health, conduct or performance action
11               may be taken.

12   (4)   If the National Board decides to renew a registered health
13         practitioner's registration or an endorsement of the registration subject
14         to a condition under subsection (3)(b), the Board must decide a review
15         period for the condition.
16   (5)   If a National Board decides to refuse to renew an applicant's
17         registration or the endorsement of the applicant's registration, or to
18         renew the registration or the endorsement subject to a condition under
19         subsection (3)(b), the Board must give the applicant a notice that
20         states --
21            (a)   the decision made by the Board; and
22           (b)    the reasons for the decision; and
23            (c)   that the applicant may appeal against the decision; and
24           (d)    how an application for appeal may be made and the period
25                  within which the application must be made.
26   (6)   A registration, including any endorsement of the registration, renewed
27         under this Division --
28            (a)   starts on the day immediately after the applicant's previous
29                  period of registration ends or ended; and
30           (b)    expires at the end of the day that is 12 months after the day it
31                  starts.




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 1                       Division 10 -- Title and practice protections

 2                                Subdivision 1 -- Title protections

 3   113.       Restriction on use of protected titles
 4      (1)     A person must not knowingly or recklessly --
 5                (a)         take or use a title in the Table to this section, in a way that
 6                            could be reasonably expected to induce a belief the person is
 7                            registered under this Law in the health profession listed
 8                            beside the title in the Table, unless the person is registered in
 9                            the profession; or
10                (b)         take or use a prescribed title for a health profession, in a way
11                            that could be reasonably expected to induce a belief the
12                            person is registered under this Law in the profession, unless
13                            the person is registered in the profession.
14              Penalty:
15                      (a)      in the case of an individual -- a fine of $30 000;
16                      (b)      in the case of a body corporate -- a fine of $60 000.
17      (2)     A person must not knowingly or recklessly --
18                (a)         take or use a title in the Table in relation to another person
19                            (the second person), in a way that could be reasonably
20                            expected to induce a belief the second person is registered
21                            under this Law in the health profession listed beside the title
22                            in the Table, unless the second person is registered in the
23                            profession; or
24                (b)         take or use a prescribed title for a health profession in relation
25                            to another person (the second person), in a way that could be
26                            reasonably expected to induce a belief the second person is
27                            registered under this Law in the profession, unless the second
28                            person is registered in the profession.
29              Penalty:
30                      (a)      in the case of an individual -- a fine of $30 000;
31                      (b)      in the case of a body corporate -- a fine of $60 000.
32      (3)     Subsections (1) and (2) apply whether or not the title is taken or used
33              with or without any other words and whether in English or any other
34              language.

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1                    Table -- Protected Titles

                Profession                           Title

    Aboriginal and Torres Strait      Aboriginal and Torres Strait
    Islander Health Practice          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 practitioner

    Medical Radiation Practice        medical radiation practitioner,
                                      diagnostic radiographer,
                                      medical imaging technologist,
                                      radiographer, nuclear medicine
                                      scientist, nuclear medicine
                                      technologist, radiation therapist

    Nursing and Midwifery             nurse, registered nurse, nurse
                                      practitioner, enrolled nurse,
                                      midwife, midwife practitioner

    Occupational Therapy              occupational therapist

    Optometry                         optometrist, optician

    Osteopathy                        osteopath



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                                 Profession                               Title

                Pharmacy                                   pharmacist, pharmaceutical
                                                           chemist

                Physiotherapy                              physiotherapist, physical
                                                           therapist

                Podiatry                                   podiatrist, chiropodist

                Psychology                                 psychologist

 1   114.       Use of title "acupuncturist"
 2      (1)     A registered health practitioner whose registration is endorsed under
 3              section 97 by a National Board as being qualified to practise as an
 4              acupuncturist does not commit an offence against section 113(1)(a)
 5              merely because the individual takes or uses the title "acupuncturist".
 6      (2)     A person does not commit an offence against section 113(2)(a) merely
 7              because the person takes or uses the title "acupuncturist" in relation to
 8              another person who is a registered health practitioner whose
 9              registration is endorsed under section 97 by a National Board as being
10              qualified to practise as an acupuncturist.

11   115.       Restriction on use of specialist titles
12      (1)     A person must not knowingly or recklessly take or use --
13                (a)         the title "dental specialist" unless the person is registered
14                            under this Law in a recognised specialty in the dentists
15                            division of the dental profession; or
16                (b)         the title "medical specialist" unless the person is registered in
17                            a recognised specialty in the medical profession; or
18                (c)         a specialist title for a recognised specialty unless the person is
19                            registered under this Law in the specialty.
20              Penalty:
21                      (a)      in the case of an individual -- a fine of $30 000;
22                      (b)      in the case of a body corporate -- a fine of $60 000.



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 1      (2)   A person must not knowingly or recklessly take or use --
 2              (a)         the title "dental specialist" in relation to another person unless
 3                          the other person is registered under this Law in a recognised
 4                          specialty in the dentists division of the dental profession; or
 5              (b)         the title "medical specialist" in relation to another person
 6                          unless the person is registered in a recognised specialty in the
 7                          medical profession; or
 8              (c)         a specialist title for a recognised specialty in relation to
 9                          another person unless the person is registered under this Law
10                          in the specialty.
11            Penalty:
12                    (a)        in the case of an individual -- a fine of $30 000;
13                    (b)        in the case of a body corporate -- a fine of $60 000.
14      (3)   Subsection (1) applies whether or not the title is taken or used with or
15            without any other words and whether in English or any other
16            language.

17   116.     Claims by persons as to registration as health practitioner
18      (1)   A person who is not a registered health practitioner must not
19            knowingly or recklessly --
20              (a)         take or use the title of "registered health practitioner",
21                          whether with or without any other words; or
22              (b)         take or use a title, name, initial, symbol, word or description
23                          that, having regard to the circumstances in which it is taken
24                          or used, indicates or could be reasonably understood to
25                          indicate --
26                               (i)   the person is a health practitioner; or
27                           (ii)      the person is authorised or qualified to practise in a
28                                     health profession;
29                          or
30              (c)         claim to be registered under this Law or hold himself or
31                          herself out as being registered under this Law; or
32              (d)         claim to be qualified to practise as a health practitioner.
33            Penalty:
34                    (a)        in the case of an individual -- a fine of $30 000;

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 1                      (b)        in the case of a body corporate -- a fine of $60 000.
 2      (2)     A person must not knowingly or recklessly --
 3                (a)         take or use the title of "registered health practitioner",
 4                            whether with or without any other words, in relation to
 5                            another person who is not a registered health practitioner; or
 6                (b)         take or use a title, name, initial, symbol, word or description
 7                            that, having regard to the circumstances in which it is taken
 8                            or used, indicates or could be reasonably understood to
 9                            indicate --
10                                 (i)   another person is a health practitioner if the other
11                                       person is not a health practitioner; or
12                             (ii)      another person is authorised or qualified to practise in
13                                       a health profession if the other person is not a
14                                       registered health practitioner in that health
15                                       profession;
16                            or
17                (c)         claim another person is registered under this Law, or hold the
18                            other person out as being registered under this Law, if the
19                            other person is not registered under this Law; or
20                (d)         claim another person is qualified to practise as a health
21                            practitioner if the other person is not a registered health
22                            practitioner.
23              Penalty:
24                      (a)        in the case of an individual -- a fine of $30 000;
25                      (b)        in the case of a body corporate -- a fine of $60 000.

26   117.       Claims by persons as to registration in particular profession or
27              division
28      (1)     A registered health practitioner must not knowingly or recklessly --
29                (a)         claim to be registered under this Law in a health profession or
30                            a division of a health profession in which the practitioner is
31                            not registered, or hold himself or herself out as being
32                            registered in a health profession or a division of a health
33                            profession if the person is not registered in that health
34                            profession or division; or



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 1              (b)         claim to be qualified to practise as a practitioner in a health
 2                          profession or a division of a health profession in which the
 3                          practitioner is not registered; or
 4              (c)         take or use any title that could be reasonably understood to
 5                          induce a belief the practitioner is registered under this Law in
 6                          a health profession or a division of a health profession in
 7                          which the practitioner is not registered.
 8      (2)   A contravention of subsection (1) by a registered health practitioner
 9            does not constitute an offence but may constitute behaviour for which
10            health, conduct or performance action may be taken.
11      (3)   A person must not knowingly or recklessly --
12              (a)         claim another person is registered under this Law in a health
13                          profession or a division of a health profession in which the
14                          other person is not registered, or hold the other person out as
15                          being registered in a health profession or a division of a
16                          health profession if the other person is not registered in that
17                          health profession or division; or
18              (b)         claim another person is qualified to practise as a health
19                          practitioner in a health profession or division of a health
20                          profession in which the other person is not registered; or
21              (c)         take or use any title in relation to another person that could be
22                          reasonably understood to induce a belief the other person is
23                          registered under this Law in a health profession or a division
24                          of a health profession in which the person is not registered.
25            Penalty:
26                    (a)      in the case of an individual -- a fine of $30 000;
27                    (b)      in the case of a body corporate -- a fine of $60 000.
28            Note: A contravention of this subsection by a registered health practitioner
29                  may also constitute unprofessional conduct for which health, conduct
30                  or performance action may be taken.

31   118.     Claims by persons as to specialist registration
32      (1)   A person who is not a specialist health practitioner must not
33            knowingly or recklessly --
34              (a)         take or use the title of "specialist health practitioner", whether
35                          with or without any other words; or


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




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 1              (d)          claim another person is qualified to practise as a specialist
 2                           health practitioner if the person is not a specialist health
 3                           practitioner.
 4            Penalty:
 5                     (a)      in the case of an individual -- a fine of $30 000;
 6                     (b)      in the case of a body corporate -- a fine of $60 000.
 7            Note: A contravention of this section by a registered health practitioner may
 8                  also constitute unprofessional conduct for which health, conduct or
 9                  performance action may be taken.

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


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 1                (b)         claim another person is qualified to hold a type of registration
 2                            or endorsement that the other person does not hold; or
 3                (c)         claim another person holds specialist registration under this
 4                            Law in a recognised specialty which the other person does
 5                            not hold or hold the other person out as holding specialist
 6                            registration in a recognised specialty if the other person does
 7                            not hold specialist registration in that specialty; or
 8                (d)         claim another person is qualified to practise in a recognised
 9                            specialty in which the other person is not registered.
10              Penalty:
11                      (a)      in the case of an individual -- a fine of $30 000;
12                      (b)      in the case of a body corporate -- a fine of $60 000.
13              Note: A contravention of this subsection by a registered health practitioner
14                    may also constitute unprofessional conduct for which health, conduct
15                    or performance action may be taken.

16   120.       Registered health practitioner registered on conditions
17      (1)     A registered health practitioner who is registered on conditions must
18              not knowingly or recklessly claim, or hold himself or herself out, to
19              be registered without the conditions or any conditions.
20      (2)     A contravention of subsection (1) by a registered health practitioner
21              does not constitute an offence but may constitute behaviour for which
22              health, conduct or performance action may be taken.

23                              Subdivision 2 -- Practice protections
24   121.       Restricted dental acts
25      (1)     A person must not carry out a restricted dental act unless the
26              person --
27                (a)         is registered in the dental profession or medical profession
28                            and carries out the restricted dental act in accordance with
29                            any requirements specified in an approved registration
30                            standard; or
31                (b)         is a student who carries out the restricted dental act in the
32                            course of activities undertaken as part of --
33                              (i)   an approved programme of study for the dental
34                                    profession or medical profession; or

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 1                      (ii)     clinical training in the dental profession or medical
 2                               profession;
 3                    or
 4              (c)   carries out the restricted dental act in the course of carrying
 5                    out technical work on the written order of a person registered
 6                    in the dentists or dental prosthetists division of the dental
 7                    profession; or
 8              (d)   is a person, or a member of a class of persons, prescribed
 9                    under a regulation as being authorised to carry out the
10                    restricted dental act or restricted dental acts generally.
11            Penalty: a fine of $30 000.
12      (2)   In this section --
13            restricted dental act means any of the following acts --
14              (a)   performing any irreversible procedure on the human teeth or
15                    jaw or associated structures;
16              (b)   correcting malpositions of the human teeth or jaw or
17                    associated structures;
18              (c)   fitting or intra-orally adjusting artificial teeth or corrective or
19                    restorative dental appliances for a person;
20              (d)   performing any irreversible procedure on, or the giving of
21                    any treatment or advice to, a person that is preparatory to or
22                    for the purpose of fitting, inserting, adjusting, fixing,
23                    constructing, repairing or renewing artificial dentures or a
24                    restorative dental appliance;
25            technical work means the mechanical construction or the renewal or
26            repair of artificial dentures or restorative dental appliances.

27   122.     Restriction on prescription of optical appliances
28      (1)   A person must not prescribe an optical appliance unless --
29              (a)   the person is an optometrist or medical practitioner; or
30              (b)   the appliance is spectacles and the person is an orthoptist
31                    who --
32                         (i)   prescribes the spectacles in the course of carrying out
33                               duties at a public health facility; or



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 1                        (ii)     prescribes the spectacles under the supervision of an
 2                                 optometrist or medical practitioner; or
 3                       (iii)     prescribes the spectacles, on the written referral of an
 4                                 optometrist or medical practitioner, to a person who
 5                                 has had, within the 12 months before the referral, an
 6                                 ocular health examination conducted by an
 7                                 optometrist or medical practitioner;
 8                      or
 9                (c)   the person is a person, or a member of a class of persons,
10                      prescribed under a regulation as being authorised to prescribe
11                      an optical appliance of that type or to prescribe optical
12                      appliances generally.
13              Penalty: a fine of $30 000.
14      (2)     In this section --
15              optical appliance means --
16                (a)   any appliance designed to correct, remedy or relieve any
17                      refractive abnormality or defect of sight, including, for
18                      example, spectacle lenses; or
19                (b)   contact lenses, whether or not designed to correct, remedy or
20                      relieve any refractive abnormality or defect of sight;
21              optometrist means a person registered in the optometry profession;
22              orthoptist means a person whose name is recorded in the Register of
23              Orthoptists kept by the Australian Orthoptists Registration Body Pty
24              Ltd (ACN 095 11 7 678).

25   123.       Restriction on spinal manipulation
26      (1)     A person must not perform manipulation of the cervical spine unless
27              the person --
28                (a)   is registered in an appropriate health profession; or
29                (b)   is a student who performs manipulation of the cervical spine
30                      in the course of activities undertaken as part of --
31                           (i)   an approved programme of study in an appropriate
32                                 health profession; or
33                        (ii)     clinical training in an appropriate health profession;
34                      or

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 1              (c)    is a person, or a member of a class of persons, prescribed
 2                     under a regulation as being authorised to perform
 3                     manipulation of the cervical spine.
 4            Penalty: a fine of $30 000.
 5      (2)   In this section --
 6            appropriate health profession means any of the following health
 7            professions --
 8              (a)    chiropractic;
 9              (b)    osteopathy;
10              (c)    medical;
11              (d)    physiotherapy;
12            manipulation of the cervical spine means moving the joints of the
13            cervical spine beyond a person's usual physiological range of motion
14            using a high velocity, low amplitude thrust.

15                           Division 11 -- Miscellaneous

16                    Subdivision 1 -- Certificates of registration

17   124.     Issue of certificate of registration
18      (1)   This section applies if --
19              (a)    a National Board decides to register an individual in the
20                     health profession for which the Board is established; or
21              (b)    a National Board decides to renew an individual's registration
22                     in the health profession for which the Board is established; or
23              (c)    a National Board or an adjudication body decides to impose,
24                     change or remove a condition on a registered health
25                     practitioner's registration or otherwise change the
26                     practitioner's registration in a material way; or
27              (d)    a National Board or an adjudication body decides to accept an
28                     undertaking from a registered health practitioner or to change
29                     or revoke an undertaking given by the practitioner; or
30              (e)    a National Board decides to endorse a health practitioner's
31                     registration.



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 1      (2)     The National Board must, as soon as practicable after the decision is
 2              made, give the registered health practitioner a certificate of
 3              registration in the form decided by the Board.
 4      (3)     A certificate of registration must include the following --
 5                (a)   the name of the registered health practitioner;
 6                (b)   the type of registration granted and, if the registration is
 7                      endorsed, the type of endorsement granted;
 8                (c)   the date the registration or endorsement was granted;
 9                (d)   the division of the register, if any, in which the practitioner is
10                      registered;
11                (e)   any condition to which the registration or endorsement is
12                      subject;
13                (f)   any undertaking given by the practitioner to the National
14                      Board;
15                (g)   the date the registration expires;
16                (h)   any other information the Board considers appropriate.

17              Subdivision 2 -- Review of conditions and undertakings

18   125.       Changing or removing conditions or undertaking on application
19              by registered health practitioner or student
20      (1)     A registered health practitioner or student may apply to a National
21              Board that registered the practitioner or student --
22                (a)   for a registered health practitioner --
23                           (i)   to change or remove a condition imposed on the
24                                 practitioner's registration or endorsement; or
25                        (ii)     to change or revoke an undertaking given by the
26                                 practitioner;
27                      or
28                (b)   for a student --
29                           (i)   to change or remove a condition imposed on the
30                                 student's registration; or
31                        (ii)     to change or revoke an undertaking given by the
32                                 student to the Board.


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 1      (2)   However, the registered health practitioner or student may not make
 2            an application --
 3              (a)   during a review period applying to the condition or
 4                    undertaking, unless the practitioner or student reasonably
 5                    believes there has been a material change in the practitioner's
 6                    or student's circumstances; or
 7              (b)   for a condition imposed by an adjudication body for a
 8                    co-regulatory jurisdiction, unless the adjudication body
 9                    decided, when imposing the condition, that this Subdivision
10                    applied to the condition.
11      (3)   An application under subsection (1) must --
12              (a)   be in the form approved by the National Board; and
13              (b)   be accompanied by any other information reasonably required
14                    by the Board.
15      (4)   For the purposes of deciding the application, the National Board may
16            exercise a power under section 80 as if the application were an
17            application for registration as a registered health practitioner.
18      (5)   The National Board must decide to grant the application or refuse to
19            grant the application.
20      (6)   As soon as practicable after making the decision under subsection (5),
21            the National Board must give the registered health practitioner or
22            student written notice of the Board's decision.
23      (7)   If the National Board decides to refuse to grant the application, the
24            notice must state --
25              (a)   the decision made by the Board; and
26              (b)   that the registered health practitioner or student may appeal
27                    against the decision; and
28              (c)   how an application for appeal may be made and the period
29                    within which the application must be made.

30   126.     Changing conditions on Board's initiative
31      (1)   This section applies if a National Board reasonably believes it is
32            necessary to change a condition imposed on the registration of a
33            registered health practitioner or student registered by the Board.


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




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 1   127.     Removal of condition or revocation of undertaking
 2      (1)   This section applies if a National Board reasonably believes --
 3              (a)   that a condition imposed on the registration of a registered
 4                    health practitioner or student registered by the Board is no
 5                    longer necessary; or
 6              (b)   that an undertaking given to the Board by a health
 7                    practitioner or student registered by the Board is no longer
 8                    necessary.
 9      (2)   The National Board may decide to remove the condition or revoke the
10            undertaking.
11      (3)   However, the condition or undertaking may not be removed or
12            revoked --
13              (a)   during a review period applying to the condition or
14                    undertaking, unless the National Board reasonably believes
15                    there has been a material change in the registered health
16                    practitioner's or student's circumstances; or
17              (b)   for a condition imposed by an adjudication body for a
18                    co-regulatory jurisdiction, unless the adjudication body
19                    decided, when imposing the condition, that this subdivision
20                    applied to the condition.
21      (4)   As soon as practicable after making the decision the National Board
22            must give notice of the decision to the registered health practitioner or
23            student.
24      (5)   The decision takes effect on the date stated in the notice.

25   Subdivision 3 -- Obligations of registered health practitioners and students

26   128.     Continuing professional development
27      (1)   A registered health practitioner must undertake the continuing
28            professional development required by an approved registration
29            standard for the health profession in which the practitioner is
30            registered.
31      (2)   A contravention of subsection (1) by a registered health practitioner
32            does not constitute an offence but may constitute behaviour for which
33            health, conduct or performance action may be taken.


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 1      (3)     In this section --
 2              registered health practitioner does not include a registered health
 3              practitioner who holds non-practicing registration in the profession.

 4   129.       Professional indemnity insurance arrangements
 5      (1)     A registered health practitioner must not practise the health profession
 6              in which the practitioner is registered unless appropriate professional
 7              indemnity insurance arrangements are in force in relation to the
 8              practitioner's practice of the profession.
 9      (2)     A National Board may, at any time by written notice, require a
10              registered health practitioner registered by the Board to give the
11              Board evidence of the appropriate professional indemnity insurance
12              arrangements that are in force in relation to the practitioner's practice
13              of the profession.
14      (3)     A registered health practitioner must not, without reasonable excuse,
15              fail to comply with a written notice given to the practitioner under
16              subsection (2).
17      (4)     A contravention of subsection (1) or (3) by a registered health
18              practitioner does not constitute an offence but may constitute
19              behaviour for which health, conduct or performance action may be
20              taken.
21      (5)     In this section --
22              registered health practitioner does not include a registered health
23              practitioner who holds non-practicing registration in the profession.

24   130.       Registered health practitioner or student to give National Board
25              notice of certain events
26      (1)     A registered health practitioner or student must, within 7 days after
27              becoming aware that a relevant event has occurred in relation to the
28              practitioner or student, give the National Board that registered the
29              practitioner or student written notice of the event.
30      (2)     A contravention of subsection (1) by a registered health practitioner or
31              student does not constitute an offence but may constitute behaviour
32              for which health, conduct or performance action may be taken.




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 1   (3)   In this section --
 2         relevant event means --
 3           (a)   in relation to a registered health practitioner --
 4                      (i)   the practitioner is charged, whether in a participating
 5                            jurisdiction or elsewhere, with an offence punishable
 6                            by 12 months imprisonment or more; or
 7                   (ii)     the practitioner is convicted of or the subject of a
 8                            finding of guilt for an offence, whether in a
 9                            participating jurisdiction or elsewhere, punishable by
10                            imprisonment; or
11                  (iii)     appropriate professional indemnity insurance
12                            arrangements are no longer in place in relation to the
13                            practitioner's practice of the profession; or
14                  (iv)      the practitioner's right to practise at a hospital or
15                            another facility at which health services are provided
16                            is withdrawn or restricted because of the
17                            practitioner's conduct, professional performance or
18                            health; or
19                   (v)      the practitioner's billing privileges are withdrawn or
20                            restricted under the Medicare Australia Act 1973
21                            (Commonwealth) because of the practitioner's
22                            conduct, professional performance or health; or
23                  (vi)      the practitioner's authority under a law of a State or
24                            Territory to administer, obtain, possess, prescribe,
25                            sell, supply or use a scheduled medicine or class of
26                            scheduled medicines is cancelled or restricted; or
27                  (vii)     a complaint is made about the practitioner to an entity
28                            referred to in section 219(1)(a) to (e); or
29                 (viii)     the practitioner's registration under the law of another
30                            country that provides for the registration of health
31                            practitioners is suspended or cancelled or made
32                            subject to a condition or another restriction;
33                 or
34           (b)   in relation to a student --
35                      (i)   the student is charged with an offence punishable by
36                            12 months imprisonment or more; or


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 1                        (ii)   the student is convicted of or the subject of a finding
 2                               of guilt for an offence punishable by imprisonment;
 3                               or
 4                       (iii)   the student's registration under the law of another
 5                               country that provides for the registration of students
 6                               has been suspended or cancelled.

 7   131.       Change in principal place of practice, address or name
 8      (1)     A registered health practitioner must, within 30 days of any of the
 9              following changes happening, give the National Board that registered
10              the practitioner written notice of the change and any evidence
11              providing proof of the change required by the Board --
12                (a)   a change in the practitioner's principal place of practice;
13                (b)   a change in the address provided by the registered health
14                      practitioner as the address the Board should use in
15                      corresponding with the practitioner;
16                (c)   a change in the practitioner's name.
17      (2)     A contravention of subsection (1) by a registered health practitioner
18              does not constitute an offence but may constitute behaviour for which
19              health, conduct or performance action may be taken.

20   132.       National Board may ask registered health practitioner for
21              employer's details
22      (1)     A National Board may, at any time by written notice given to a health
23              practitioner registered by the Board, ask the practitioner to give the
24              Board the following information --
25                (a)   information about whether the practitioner is employed by
26                      another entity;
27                (b)   if the practitioner is employed by another entity --
28                        (i)    the name of the practitioner's employer; and
29                        (ii)   the address and other contact details of the
30                               practitioner's employer.
31      (2)     The registered health practitioner must not, without reasonable
32              excuse, fail to comply with the notice.




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 1      (3)   A contravention of subsection (2) by a registered health practitioner
 2            does not constitute an offence but may constitute behaviour for which
 3            health, conduct or performance action may be taken.

 4                                Subdivision 4 -- Advertising

 5   133.     Advertising
 6      (1)   A person must not advertise a regulated health service, or a business
 7            that provides a regulated health service, in a way that --
 8              (a)         is false, misleading or deceptive or is likely to be misleading
 9                          or deceptive; or
10              (b)         offers a gift, discount or other inducement to attract a person
11                          to use the service or the business, unless the advertisement
12                          also states the terms and conditions of the offer; or
13              (c)         uses testimonials or purported testimonials about the service
14                          or business; or
15              (d)         creates an unreasonable expectation of beneficial treatment;
16                          or
17              (e)         directly or indirectly encourages the indiscriminate or
18                          unnecessary use of regulated health services.
19            Penalty:
20                    (a)      in the case of an individual -- a fine of $5 000;
21                    (b)      in the case of a body corporate -- a fine of $10 000.
22      (2)   A person does not commit an offence against subsection (1) merely
23            because the person, as part of the person's business, prints or
24            publishes an advertisement for another person.
25      (3)   In proceedings for an offence against this section, a court may have
26            regard to a guideline approved by a National Board about the
27            advertising of regulated health services.
28      (4)   In this section --
29            regulated health service means a service provided by, or usually
30            provided by, a health practitioner.




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

 2   134.       Evidence of identity
 3      (1)     A National Board may, at any time, require a registered health
 4              practitioner to provide evidence of the practitioner's identity.
 5      (2)     A requirement under subsection (1) must be made by written notice
 6              given to the registered health practitioner.
 7      (3)     The registered health practitioner must not, without reasonable
 8              excuse, fail to comply with the notice.
 9      (4)     A contravention of subsection (3) by a registered health practitioner
10              does not constitute an offence but may constitute behaviour for which
11              health, conduct or performance action may be taken.
12      (5)     If a registered health practitioner gives a National Board a document
13              as evidence of the practitioner's identity under this section, the Board
14              may, by written notice, ask the entity that issued the document --
15                (a)   to confirm the validity of the document; or
16                (b)   to give the Board other information relevant to the
17                      practitioner's identity.
18      (6)     An entity given a notice under subsection (5) is authorised to provide
19              the information requested.

20   135.       Criminal history check
21      (1)     A National Board may, at any time, obtain a written report about a
22              registered health practitioner's criminal history from any of the
23              following --
24                (a)   CrimTrac;
25                (b)   a police commissioner;
26                (c)   an entity in a jurisdiction outside Australia that has access to
27                      records about the criminal history of persons in that
28                      jurisdiction.
29      (2)     Without limiting subsection (1), a report may be obtained under that
30              subsection --
31                (a)   to check a statement made by a registered health practitioner
32                      in the practitioner's application for renewal of registration; or

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 1              (b)         as part of an audit carried out by a National Board, to check
 2                          statements made by registered health practitioners.
 3      (3)   A criminal history law does not apply to a report under subsection (1).

 4                                   Subdivision 6 -- General

 5   136.     Directing or inciting unprofessional conduct or professional
 6            misconduct
 7      (1)   A person must not direct or incite a registered health practitioner to do
 8            anything, in the course of the practitioner's practice of the health
 9            profession, that amounts to unprofessional conduct or professional
10            misconduct.
11            Penalty:
12                    (a)      in the case of an individual -- a fine of $30 000;
13                    (b)      in the case of a body corporate -- a fine of $60 000.
14      (2)   Subsection (1) does not apply to a person who is the owner or
15            operator of a public health facility.

16   137.     Surrender of registration
17      (1)   A registered health practitioner may, by written notice given to the
18            National Board that registered the practitioner, surrender the
19            practitioner's registration.
20      (2)   The surrender of the registration takes effect on --
21              (a)         the day the National Board receives the notice under
22                          subsection (1); or
23              (b)         the later day stated in the notice.




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 1                   Part 8 -- Health, performance and conduct

 2                               Division 1 -- Preliminary

 3   138.       Part applicable to persons formerly registered under this Law
 4      (1)     This section applies if a person was, but is no longer, registered in a
 5              health profession under this Law.
 6      (2)     A notification may be made, and proceedings may be taken, under
 7              this Part in relation to the person's behaviour while registered as if the
 8              person were still registered under this Law by the National Board
 9              established for the health profession.
10      (3)     For the purposes of subsection (2), this Part (other than Divisions 2
11              and 6) applies, with any necessary changes, to the person as if a
12              reference to a registered health practitioner included that person.

13   139.       Part applicable to persons formerly registered under
14              corresponding prior Act in certain circumstances
15      (1)     This section applies if a person --
16                (a)   was registered in a health profession under a corresponding
17                      prior Act; and
18                (b)   is not, and has not been, registered in the health profession
19                      under this Law.
20      (2)     A notification may be made, and proceedings may be taken, under
21              this Part in relation to the person's behaviour while registered under
22              the corresponding prior Act as if the person were registered under this
23              Law by the National Board established for the health profession.
24      (3)     However, subsection (2) applies only to the extent --
25                (a)   a notification about the person's behaviour could have been
26                      made under the corresponding prior Act; and
27                (b)   proceedings of that type could have been taken under the
28                      corresponding prior Act.
29      (4)     For the purposes of subsection (2), this Part (other than Divisions 2
30              and 7) applies, with any necessary changes, to the person as if a
31              reference to a registered health practitioner included that person.


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 1                       Division 2 -- Mandatory notifications

 2   140.     Term used: notifiable conduct
 3            In this Division --
 4            notifiable conduct, in relation to a registered health practitioner,
 5            means the practitioner has --
 6               (a)   practised the practitioner's profession while intoxicated by
 7                     alcohol or drugs; or
 8              (b)    engaged in sexual misconduct in connection with the practice
 9                     of the practitioner's profession; or
10               (c)   placed the public at risk of substantial harm in the
11                     practitioner's practice of the profession because the
12                     practitioner has an impairment; or
13              (d)    placed the public at risk of harm because the practitioner has
14                     practised the profession in a way that constitutes a significant
15                     departure from accepted professional standards.

16   141.     Mandatory notifications by health practitioners
17      (1)   This section applies to a registered health practitioner (the first health
18            practitioner) who, in the course of practising the first health
19            practitioner's profession, forms a reasonable belief that --
20               (a)   another registered health practitioner (the second health
21                     practitioner) has behaved in a way that constitutes notifiable
22                     conduct; or
23              (b)    a student has an impairment that, in the course of the student
24                     undertaking clinical training, may place the public at
25                     substantial risk of harm.
26      (2)   The first health practitioner must, as soon as practicable after forming
27            the reasonable belief, notify the National Agency of the second health
28            practitioner's notifiable conduct or the student's impairment.
29            Note: See section 237 which provides protection from civil, criminal and
30                  administrative liability for persons who, in good faith, make a
31                  notification under this Law. Section 237(3) provides that the making of
32                  a notification does not constitute a breach of professional etiquette or
33                  ethics or a departure from accepted standards of professional conduct
34                  and nor is any liability for defamation incurred.




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 1      (3)     A contravention of subsection (2) by a registered health practitioner
 2              does not constitute an offence but may constitute behaviour for which
 3              action may be taken under this Part.
 4      (4)     For the purposes of subsection (1), the first health practitioner does
 5              not form the reasonable belief in the course of practising the
 6              profession if --
 7                (a)   the first health practitioner --
 8                           (i)   is employed or otherwise engaged by an insurer that
 9                                 provides professional indemnity insurance that relates
10                                 to the second health practitioner or student; and
11                        (ii)     forms the reasonable belief the second health
12                                 practitioner has behaved in a way that constitutes
13                                 notifiable conduct, or the student has an impairment,
14                                 as a result of a disclosure made by a person to the
15                                 first health practitioner in the course of a legal
16                                 proceeding or the provision of legal advice arising
17                                 from the insurance policy;
18                      or
19                (b)   the first health practitioner forms the reasonable belief in the
20                      course of providing advice in relation to the notifiable
21                      conduct or impairment for the purposes of a legal proceeding
22                      or the preparation of legal advice; or
23                (c)   the first health practitioner is a legal practitioner and forms
24                      the reasonable belief in the course of providing legal services
25                      to the second health practitioner or student in relation to a
26                      legal proceeding or the preparation of legal advice in which
27                      the notifiable conduct or impairment is an issue; or
28                (d)   the first health practitioner --
29                           (i)   forms the reasonable belief in the course of
30                                 exercising functions as a member of a quality
31                                 assurance committee, council or other body approved
32                                 or authorised under an Act of a participating
33                                 jurisdiction; and
34                        (ii)     is unable to disclose the information that forms the
35                                 basis of the reasonable belief because a provision of
36                                 that Act prohibits the disclosure of the information;
37                      or

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 1               (e)   the first health practitioner knows, or reasonably believes, the
 2                     National Agency has been notified of the notifiable conduct
 3                     or impairment that forms the basis of the reasonable belief.

 4   142.     Mandatory notifications by employers
 5      (1)   If an employer of a registered health practitioner reasonably believes
 6            the health practitioner has behaved in a way that constitutes notifiable
 7            conduct, the employer must notify the National Agency of the
 8            notifiable conduct.
 9            Note: See section 237 which provides protection from civil, criminal and
10                  administrative liability for persons who, in good faith, make a
11                  notification under this Law. Section 237(3) provides that the making of
12                  a notification does not constitute a breach of professional etiquette or
13                  ethics or a departure from accepted standards of professional conduct
14                  and nor is any liability for defamation incurred.

15      (2)   If the National Agency becomes aware that an employer of a
16            registered health practitioner has failed to notify the Agency of
17            notifiable conduct as required by subsection (1), the Agency must
18            give a written report about the failure to the responsible Minister for
19            the participating jurisdiction in which the notifiable conduct occurred.
20      (3)   As soon as practicable after receiving a report under subsection (2),
21            the responsible Minister must report the employer's failure to notify
22            the Agency of the notifiable conduct to a health complaints entity, the
23            employer's licensing authority or another appropriate entity in that
24            participating jurisdiction.
25      (4)   In this section --
26            employer, of a registered health practitioner, means an entity that
27            employs the health practitioner under a contract of employment or a
28            contract for services;
29            licensing authority, of an employer, means an entity that under a law
30            of a participating jurisdiction is responsible for licensing, registering
31            or authorising the employer to conduct the employer's business.




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 1   143.       Mandatory notifications by education providers
 2      (1)     An education provider must notify the National Agency if the
 3              provider reasonably believes --
 4                (a)    a student enrolled in a programme of study provided by the
 5                       provider has an impairment that, in the course of the student
 6                       undertaking clinical training as part of the programme of
 7                       study, may place the public at substantial risk of harm; or
 8                (b)    a student for whom the education provider has arranged
 9                       clinical training has an impairment that, in the course of the
10                       student undertaking the clinical training, may place the public
11                       at substantial risk of harm.
12              Note: See section 237 which provides protection from civil, criminal and
13                    administrative liability for persons who make a notification under this
14                    Law. Section 237(3) provides that the making of a notification does not
15                    constitute a breach of professional etiquette or ethics or a departure
16                    from accepted standards of professional conduct and nor is any liability
17                    for defamation incurred.

18      (2)     A contravention of subsection (1) does not constitute an offence.
19      (3)     However, if an education provider does not comply with
20              subsection (1) --
21                (a)    the National Board that registered the student must publish
22                       details of the failure on the Board's website; and
23                (b)    the National Agency may, on the recommendation of the
24                       National Board, include a statement about the failure in the
25                       Agency's annual report.

26                          Division 3 -- Voluntary notifications

27   144.       Grounds for voluntary notification
28      (1)     A voluntary notification about a registered health practitioner may be
29              made to the National Agency on any of the following grounds --
30                (a)    that the practitioner's professional conduct is, or may be, of a
31                       lesser standard than that which might reasonably be expected
32                       of the practitioner by the public or the practitioner's
33                       professional peers;
34                (b)    that the knowledge, skill or judgment possessed, or care
35                       exercised by, the practitioner in the practice of the

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 1                     practitioner's health profession is, or may be, below the
 2                     standard reasonably expected;
 3              (c)    that the practitioner is not, or may not be, a suitable person to
 4                     hold registration in the health profession, including, for
 5                     example, that the practitioner is not a fit and proper person to
 6                     be registered in the profession;
 7              (d)    that the practitioner has, or may have, an impairment;
 8              (e)    that the practitioner has, or may have, contravened this Law;
 9               (f)   that the practitioner has, or may have, contravened a
10                     condition of the practitioner's registration or an undertaking
11                     given by the practitioner to a National Board;
12              (g)    that the practitioner's registration was, or may have been,
13                     improperly obtained because the practitioner or someone else
14                     gave the National Board information or a document that was
15                     false or misleading in a material particular.
16      (2)   A voluntary notification about a student may be made to the National
17            Agency on the grounds that --
18              (a)    the student has been charged with an offence, or has been
19                     convicted or found guilty of an offence, that is punishable by
20                     12 months imprisonment or more; or
21              (b)    the student has, or may have, an impairment; or
22              (c)    that the student has, or may have, contravened a condition of
23                     the student's registration or an undertaking given by the
24                     student to a National Board.

25   145.     Who may make voluntary notification
26            Any entity that believes that a ground on which a voluntary
27            notification may be made exists in relation to a registered health
28            practitioner or a student may notify the National Agency.
29            Note: See section 237 which provides protection from civil, criminal and
30                  administrative liability for persons who, in good faith, make a
31                  notification under this Law.




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 1                          Division 4 -- Making a notification

 2   146.       How notification is made
 3      (1)     A notification may be made to the National Agency --
 4                (a)   verbally, including by telephone; or
 5                (b)   in writing, including by email or other electronic means.
 6      (2)     A notification must include particulars of the basis on which it is
 7              made.
 8      (3)     If a notification is made verbally, the National Agency must make a
 9              record of the notification.

10   147.       National Agency to provide reasonable assistance to notifier
11      (1)     The National Agency must, if asked by an entity, give the entity
12              reasonable assistance to make a notification about a registered health
13              practitioner or student.
14      (2)     Without limiting subsection (1), the National Agency may assist an
15              entity to make a notification if --
16                (a)   the entity is not able to put the entity's notification in writing
17                      without assistance; or
18                (b)   the entity needs assistance to clarify the nature of the
19                      individual's notification.

20                         Division 5 -- Preliminary assessment

21   148.       Referral of notification to National Board or co-regulatory
22              authority
23      (1)     Subject to subsections (2) and (3), the National Agency must, as soon
24              as practicable after receiving a notification about a registered health
25              practitioner or a student, refer the notification to the National Board
26              that registered the health practitioner or student.
27      (2)     If the behaviour that is the basis for the ground for the notification
28              occurred, or is reasonably believed to have occurred, in a
29              co-regulatory jurisdiction, the National Agency --
30                (a)   must not deal with the notification; and



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 1              (b)   must, as soon as practicable after receiving the notification,
 2                    refer the notification to the co-regulatory authority for the
 3                    co-regulatory jurisdiction.
 4      (3)   If the behaviour that is the basis for the ground for the notification
 5            occurred, or is reasonably believed to have occurred, in more than one
 6            jurisdiction and one of the jurisdictions is a co-regulatory jurisdiction,
 7            the National Agency must --
 8              (a)   if the registered health practitioner's principal place of
 9                    practice is in the co-regulatory jurisdiction, refer the
10                    notification under subsection (2); or
11              (b)   otherwise, refer the notification under subsection (1).

12   149.     Preliminary assessment
13      (1)   A National Board must, within 60 days after receipt of a notification,
14            conduct a preliminary assessment of the notification and decide --
15              (a)   whether or not the notification relates to a person who is a
16                    health practitioner or a student registered by the Board; and
17              (b)   whether or not the notification relates to a matter that is a
18                    ground for notification; and
19              (c)   if the notification is a notification referred to in
20                    paragraphs (a) and (b), whether or not it is a notification that
21                    could also be made to a health complaints entity.
22      (2)   Without limiting subsection (1)(b), the National Board may decide the
23            notification relates to a matter that is a ground for notification under
24            section 144 on the basis of --
25              (a)   a single notification about a person; or
26              (b)   a number of notifications about a person including --
27                       (i)   a number of notifications that suggest a pattern of
28                             conduct; and
29                      (ii)   notifications made to a health complaints entity.
30      (3)   If the National Board decides the notification relates to a person who
31            is not registered by the Board but the Board reasonably suspects the
32            person is registered by another National Board, the Board must refer
33            the notification to that other Board.



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 1   150.       Relationship with health complaints entity
 2      (1)     If the subject matter of a notification would also provide a ground for
 3              a complaint to a health complaints entity under a law of a
 4              participating jurisdiction, the National Board that received the
 5              notification must, as soon as practicable after its receipt --
 6                (a)   notify the health complaints entity that the Board has received
 7                      the notification; and
 8                (b)   give to the health complaints entity --
 9                         (i)   a copy of the notification or, if the notification was
10                               not made in writing, a copy of the National Agency's
11                               record of the details of the notification; and
12                        (ii)   any other information the Board has that is relevant to
13                               the notification.
14      (2)     If a health complaints entity receives a complaint about a health
15              practitioner, the health complaints entity must, as soon as practicable
16              after its receipt --
17                (a)   notify the National Board established for the practitioner's
18                      health profession that the health complaints entity has
19                      received the complaint; and
20                (b)   give to the National Board --
21                         (i)   a copy of the complaint or, if the complaint was not
22                               made in writing, a copy of the health complaints
23                               entity's record of the details of the complaint; and
24                        (ii)   any other information the health complaints entity has
25                               that is relevant to the complaint.
26      (3)     The National Board and the health complaints entity must attempt to
27              reach agreement about how the notification or complaint is to be dealt
28              with, including --
29                (a)   whether the Board is to deal with the notification or
30                      complaint, or part of the notification or complaint, or to
31                      decide to take no further action in relation to it; and
32                (b)   if the Board is to deal with the notification or complaint or
33                      part of the notification or complaint, the action the Board is to
34                      take.



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

28   151.     When National Board may decide to take no further action
29      (1)   A National Board may decide to take no further action in relation to a
30            notification if --
31              (a)   the Board reasonably believes the notification is frivolous,
32                    vexatious, misconceived or lacking in substance; or
33              (b)   given the amount of time that has elapsed since the matter the
34                    subject of the notification occurred, it is not practicable for


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 1                      the Board to investigate or otherwise deal with the
 2                      notification; or
 3                (c)   the person to whom the notification relates has not been, or is
 4                      no longer, registered by the Board and it is not in the public
 5                      interest for the Board to investigate or otherwise deal with the
 6                      notification; or
 7                (d)   the subject matter of the notification has already been dealt
 8                      with adequately by the Board; or
 9                (e)   the subject matter of the notification is being dealt with, or
10                      has already been dealt with, adequately by another entity.
11      (2)     A decision by a National Board to decide to take no further action in
12              relation to a notification does not prevent a National Board or
13              adjudication body taking the notification into consideration at a later
14              time as part of a pattern of conduct or practice by the health
15              practitioner.
16      (3)     If a National Board decides to take no further action in relation to a
17              notification it must give written notice of the decision to the notifier.
18      (4)     A notice under subsection (3) must state --
19                (a)   that the National Board has decided to take no further action
20                      in relation to the notification; and
21                (b)   the reason the Board has decided to take no further action.

22   152.       National Board to give notice of receipt of notification
23      (1)     A National Board must, as soon as practicable after receiving a
24              notification about a registered health practitioner or student, give
25              written notice of the notification to the practitioner or student.
26      (2)     The notice must advise the registered health practitioner or student of
27              the nature of the notification.
28      (3)     Despite subsection (1), the National Board is not required to give the
29              registered health practitioner or student notice of the notification if the
30              Board reasonably believes doing so would --
31                (a)   prejudice an investigation of the notification; or
32                (b)   place at risk a person's health or safety or place a person at
33                      risk of intimidation or harassment.


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 1                            Division 6 -- Other matters

 2   153.     National Board may deal with notifications about same person
 3            together
 4            If the National Agency receives more than one notification about a
 5            registered health practitioner or student, the National Board
 6            established for the health profession in which the practitioner or
 7            student is registered may deal with the notifications together.

 8   154.     National Boards may deal with notifications collaboratively
 9      (1)   This section applies if a notification received by a National Board
10            relates to --
11              (a)   a registered health practitioner who is registered in more than
12                    one health profession; or
13              (b)   more than one registered health practitioner and the
14                    practitioners are registered in 2 or more different health
15                    professions; or
16              (c)   a person who is registered as a student in more than one
17                    health profession; or
18              (d)   more than one student and the students are registered in 2 or
19                    more different health professions.
20      (2)   The National Board may deal with the notification in conjunction with
21            one or more other National Boards with whom the registered health
22            practitioner or practitioners, or student or students, are registered.

23                          Division 7 -- Immediate action

24   155.     Term used: immediate action
25            In this Division --
26            immediate action, in relation to a registered health practitioner or
27            student, means --
28              (a)   the suspension, or imposition of a condition on, the health
29                    practitioner's or student's registration; or
30              (b)   accepting an undertaking from the health practitioner or
31                    student; or



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 1                (c)   accepting the surrender of the health practitioner's or
 2                      student's registration.

 3   156.       Power to take immediate action
 4      (1)     A National Board may take immediate action in relation to a
 5              registered health practitioner or student registered by the Board if --
 6                (a)   the National Board reasonably believes that --
 7                           (i)   because of the registered health practitioner's
 8                                 conduct, performance or health, the practitioner poses
 9                                 a serious risk to persons; and
10                        (ii)     it is necessary to take immediate action to protect
11                                 public health or safety;
12                      or
13                (b)   the National Board reasonably believes that --
14                           (i)   the student poses a serious risk to persons because the
15                                 student --
16                                       (I)   has been charged with an offence, or has
17                                             been convicted or found guilty of an
18                                             offence, that is punishable by 12 months
19                                             imprisonment or more; or
20                                    (II)     has, or may have, an impairment; or
21                                   (III)     has, or may have, contravened a condition
22                                             of the student's registration or an
23                                             undertaking given by the student to a
24                                             National Board;
25                                 and
26                        (ii)     it is necessary to take immediate action to protect
27                                 public health or safety;
28                      or
29                (c)   the registered health practitioner's registration was
30                      improperly obtained because the practitioner or someone else
31                      gave the National Board information or a document that was
32                      false or misleading in a material particular; or
33                (d)   the registered health practitioner's or student's registration
34                      has been cancelled or suspended under the law of a


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 1                    jurisdiction, whether in Australia or elsewhere, that is not a
 2                    participating jurisdiction.
 3      (2)   However, the National Board may take immediate action that consists
 4            of suspending, or imposing a condition on, the health practitioner's or
 5            student's registration only if the Board has complied with section 157.

 6   157.     Show cause process
 7      (1)   If a National Board is proposing to take immediate action that consists
 8            of suspending, or imposing a condition on, a registered health
 9            practitioner's or student's registration under section 156, the Board
10            must --
11              (a)   give the practitioner or student notice of the proposed
12                    immediate action; and
13              (b)   invite the practitioner or student to make a submission to the
14                    Board, within the time stated in the notice about the proposed
15                    immediate action.
16      (2)   A notice given to a registered health practitioner or student under
17            subsection (1), and any submissions made by the practitioner or
18            student in accordance with the notice, may be written or verbal.
19      (3)   The National Board must have regard to any submissions made by the
20            registered health practitioner or student in accordance with this
21            section in deciding whether to take immediate action in relation to the
22            practitioner or student.

23   158.     Notice to be given to registered health practitioner or student
24            about immediate action
25      (1)   Immediately after deciding to take immediate action in relation to a
26            registered health practitioner or student, the National Board must --
27              (a)   give written notice of the Board's decision to the health
28                    practitioner or student; and
29              (b)   take the further action under this Part the Board considers
30                    appropriate, including, for example, investigating the
31                    practitioner or student or requiring the practitioner or student
32                    to undergo a health or performance assessment.




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 1      (2)     The notice must state --
 2                (a)   the immediate action the National Board has decided to take;
 3                      and
 4                (b)   the reasons for the decision to take the immediate action; and
 5                (c)   the further action the National Board proposes to take under
 6                      this Part in relation to the health practitioner or student; and
 7                (d)   that the registered health practitioner or student may appeal
 8                      against the decision to take the immediate action if the action
 9                      is to suspend, or impose a condition on, the practitioner's or
10                      student's registration; and
11                (e)   how an application for appeal may be made and the period
12                      within which the application must be made.

13   159.       Period of immediate action
14      (1)     The decision by the National Board to take immediate action in
15              relation to the registered health practitioner or student takes effect
16              on --
17                (a)   the day the notice is given to the practitioner or student; or
18                (b)   the later day stated in the notice.
19      (2)     The decision continues to have effect until the earlier of the following
20              occurs --
21                (a)   the decision is set aside on appeal;
22                (b)   for the suspension of, or imposition of conditions on, the
23                      registered health practitioner's or student's registration, the
24                      suspension is revoked, or the conditions are removed, by the
25                      National Board;
26                (c)   for an undertaking, the National Board and the registered
27                      health practitioner or student agree to end the undertaking.




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 1                               Division 8 -- Investigations

 2                               Subdivision 1 -- Preliminary

 3   160.     When investigation may be conducted
 4      (1)   A National Board may investigate a registered health practitioner or
 5            student registered by the Board if it decides it is necessary or
 6            appropriate --
 7              (a)   because the Board has received a notification about the
 8                    practitioner or student; or
 9              (b)   because the Board for any other reason believes --
10                         (i)    the practitioner or student has or may have an
11                                impairment; or
12                      (ii)      for a practitioner --
13                                   (I)    the way the practitioner practises the
14                                          profession is or may be unsatisfactory; or
15                                   (II)   the practitioner's conduct is or may be
16                                          unsatisfactory;
17                    or
18              (c)   to ensure the practitioner or student --
19                         (i)    is complying with conditions imposed on the
20                                practitioner's or student's registration; or
21                      (ii)      is complying with an undertaking given by the
22                                practitioner or student to the Board.
23      (2)   If a National Board decides to investigate a registered health
24            practitioner or student it must direct an appropriate investigator to
25            conduct the investigation.

26   161.     Registered health practitioner or student to be given notice of
27            investigation
28      (1)   A National Board that decides to investigate a registered health
29            practitioner or student must, as soon as practicable after making the
30            decision, give the practitioner or student written notice about the
31            investigation.




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 1      (2)     The notice must advise the registered health practitioner or student of
 2              the nature of the matter being investigated.
 3      (3)     Also, the National Board must, at not less than 3 monthly intervals,
 4              give the written notice of the progress of the investigation to --
 5                (a)   the registered health practitioner or student; and
 6                (b)   if the investigation relates to a notification made about the
 7                      registered health practitioner or student, the notifier.
 8      (4)     However, the National Board need not give the registered health
 9              practitioner or student a notice under subsection (1) or (3) if the Board
10              reasonably believes giving the notice may --
11                (a)   seriously prejudice the investigation; or
12                (b)   place at risk a person's health or safety; or
13                (c)   place a person at risk of harassment or intimidation.

14   162.       Investigation to be conducted in timely way
15              The National Board must ensure an investigator it directs to conduct
16              an investigation conducts the investigation as quickly as practicable,
17              having regard to the nature of the matter to be investigated.

18                            Subdivision 2 -- Investigators

19   163.       Appointment of investigators
20      (1)     A National Board may appoint the following persons as
21              investigators --
22                (a)   members of the National Agency's staff;
23                (b)   contractors engaged by the National Agency.
24      (2)     An investigator holds office on the conditions stated in the instrument
25              of appointment.
26      (3)     If an investigator's appointment provides for a term of appointment,
27              the investigator ceases holding office at the end of the term.
28      (4)     An investigator may resign by signed notice of resignation given to
29              the National Board which appointed the investigator.
30      (5)     Schedule 5 sets out provisions relating to the powers of an
31              investigator.

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 1   164.     Identity card
 2      (1)   A National Board must give an identity card to each investigator it
 3            appoints.
 4      (2)   The identity card must --
 5              (a)   contain a recent photograph of the investigator; and
 6              (b)   be signed by the investigator; and
 7              (c)   identify the person as an investigator appointed by the
 8                    National Board; and
 9              (d)   include an expiry date.
10      (3)   This section does not prevent the issue of a single identity card to a
11            person --
12              (a)   if the person is appointed as an investigator for this Law by
13                    more than one National Board; or
14              (b)   for this Law and other Acts.
15      (4)   A person who ceases to be an investigator must give the person's
16            identity card to the National Board that appointed the person within
17            7 days after the person ceases to be an investigator, unless the person
18            has a reasonable excuse.

19   165.     Display of identity card
20      (1)   An investigator may exercise a power in relation to someone else (the
21            other person) only if the investigator --
22              (a)   first produces the investigator's identity card for the other
23                    person's inspection; or
24              (b)   has the identity card displayed so it is clearly visible to the
25                    other person.
26      (2)   However, if for any reason it is not practicable to comply with
27            subsection (1) before exercising the power, the investigator must
28            produce the identity card for the other person's inspection at the first
29            reasonable opportunity.




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 1                      Subdivision 3 -- Procedure after investigation

 2   166.       Investigator's report about investigation
 3      (1)     As soon as practicable after completing an investigation under this
 4              Division, an investigator must give a written report about the
 5              investigation to the National Board that directed the investigator to
 6              carry out the investigation.
 7      (2)     The report must include --
 8                (a)     the investigator's findings about the investigation; and
 9                (b)     the investigator's recommendations about any action to be
10                        taken in relation to the health practitioner or student the
11                        subject of the investigation.

12   167.       Decision by National Board
13              After considering the investigator's report, the National Board must
14              decide --
15                (a)     to take no further action in relation to the matter; or
16                (b)     to do either or both of the following --
17                          (i)    take the action the Board considers necessary or
18                                 appropriate under another Division;
19                          (ii)   refer the matter to another entity, including, for
20                                 example, a health complaints entity, for investigation
21                                 or other action.

22                 Division 9 -- Health and performance assessments

23   168.       Term used: assessment
24              In this Division --
25              assessment means --
26                (a)     a health assessment; or
27                (b)     a performance assessment.

28   169.       Requirement for health assessment
29              A National Board may require a registered health practitioner or
30              student to undergo a health assessment if the Board reasonably


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 1            believes, because of a notification or for any other reason, that the
 2            practitioner or student has, or may have, an impairment.

 3   170.     Requirement for performance assessment
 4            A National Board may require a registered health practitioner to
 5            undergo a performance assessment if the Board reasonably believes,
 6            because of a notification or for any other reason, that the way the
 7            practitioner practises the profession is or may be unsatisfactory.

 8   171.     Appointment of assessor to carry out assessment
 9      (1)   If the National Board requires a registered health practitioner or
10            student to undergo an assessment, the National Agency must appoint
11            an assessor chosen by the Board to carry out the assessment.
12      (2)   The assessor must be --
13              (a)   for a health assessment, a medical practitioner or psychologist
14                    who is not a member of the National Board; or
15              (b)   for a performance assessment, a registered health practitioner
16                    who is a member of the health profession for which the
17                    National Board is established but is not a member of the
18                    Board.
19      (3)   The assessor may ask another health practitioner to assist the assessor
20            in carrying out the assessment of the registered health practitioner or
21            student.
22      (4)   The assessor's fee for carrying out the assessment is to be paid out of
23            the National Board's budget.

24   172.     Notice to be given to registered health practitioner or student
25            about assessment
26      (1)   A requirement by a National Board for a registered health practitioner
27            or student to undergo an assessment must be made by written notice
28            given to the practitioner or student.
29      (2)   The written notice must state --
30              (a)   that the registered health practitioner or student is required to
31                    undergo a health assessment or performance assessment; and
32              (b)   the nature of the assessment to be carried out; and


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 1                (c)    the name and qualifications of the registered health
 2                       practitioner who is to carry out the assessment; and
 3                (d)    that if the registered health practitioner or student does not
 4                       undergo the assessment the National Board may continue to
 5                       take proceedings in relation to the practitioner or student
 6                       under this Part.

 7   173.       Assessor may require information or attendance
 8              For the purposes of conducting an assessment of a registered health
 9              practitioner or student, an assessor may, by written notice given to the
10              practitioner or student, require the practitioner or student to --
11                (a)    give stated information to the assessor within a stated
12                       reasonable time and in a stated reasonable way; or
13                (b)    attend before the assessor at a stated time and a stated place
14                       to undergo the assessment.
15                 Example of stated place:

16                 The registered health practitioner's principal place of practice.

17   174.       Inspection of documents
18      (1)     If a document is produced to an assessor, the assessor may --
19                (a)    inspect the document; and
20                (b)    make a copy of, or take an extract from, the document; and
21                (c)    keep the document while it is necessary for the assessment.
22      (2)     If the assessor keeps the document, the assessor must permit a person
23              otherwise entitled to possession of the document to inspect, make a
24              copy of, or take an extract from, the document at the reasonable time
25              and place decided by the assessor.

26   175.       Report from assessor
27              The assessor must, as soon as practicable after carrying out the
28              assessment, give to the National Board a report about the assessment.




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 1   176.     Copy of report to be given to health practitioner or student
 2      (1)   The National Board must, as soon as practicable after receiving the
 3            assessor's report, give a copy of the report to --
 4              (a)   the registered health practitioner or student to whom it
 5                    relates; or
 6              (b)   if the report contains information the Board considers may, if
 7                    disclosed to the practitioner or student, be prejudicial to the
 8                    practitioner's or student's physical or mental health or
 9                    wellbeing, to a medical practitioner or psychologist
10                    nominated by the practitioner or student.
11      (2)   If a medical practitioner or psychologist is given a copy of a report
12            about a registered health practitioner or student under
13            subsection (1)(b), the medical practitioner or psychologist must give a
14            copy of the report to the practitioner or student as soon as it will no
15            longer be prejudicial to the practitioner's or student's health or
16            wellbeing.
17      (3)   After the registered health practitioner or student has been given a
18            copy of the report under subsection (1)(a) or (2), a person nominated
19            by the Board must --
20              (a)   discuss the report with the practitioner or student; and
21              (b)   if the report makes an adverse finding about the practitioner's
22                    practice of the profession or states that the assessor finds the
23                    practitioner has an impairment, discuss with the practitioner
24                    ways of dealing with the finding, including, for a practitioner,
25                    whether the practitioner is prepared to alter the way the
26                    practitioner practises the health profession.

27   177.     Decision by National Board
28            After considering the assessor's report and the discussions held with
29            the registered health practitioner or student under section 176(3), the
30            National Board may decide to --
31              (a)   take the action the Board considers necessary or appropriate
32                    under another Division; or
33              (b)   refer the matter to another entity, including, for example, a
34                    health complaints entity, for investigation or other action; or
35              (c)   take no further action in relation to the matter.

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 1                      Division 10 -- Action by National Board

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


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 1                      (ii)   a condition requiring the practitioner to undertake a
 2                             specified period of supervised practice; or
 3                     (iii)   a condition requiring the practitioner to do, or refrain
 4                             from doing, something in connection with the
 5                             practitioner's practice; or
 6                     (iv)    a condition requiring the practitioner to manage the
 7                             practitioner's practice in a specified way; or
 8                      (v)    a condition requiring the practitioner to report to a
 9                             specified person at specified times about the
10                             practitioner's practice; or
11                     (vi)    a condition requiring the practitioner not to employ,
12                             engage or recommend a specified person, or class of
13                             persons;
14              (d)   refer the matter to another entity, including, for example, a
15                    health complaints entity, for investigation or other action.
16      (3)   If the National Board decides to impose a condition on the registered
17            health practitioner's or student's registration, the Board must also
18            decide a review period for the condition.

19   179.     Show cause process
20      (1)   If a National Board is proposing to take relevant action in relation to a
21            registered health practitioner or student, the Board must --
22              (a)   give the practitioner or student written notice of the proposed
23                    relevant action; and
24              (b)   invite the practitioner or student to make a written or verbal
25                    submission to the Board, within the reasonable time stated in
26                    the notice, about the proposed relevant action.
27      (2)   After considering any submissions made by the registered health
28            practitioner or student in accordance with this section, the National
29            Board must decide to --
30              (a)   take no action in relation to the matter; or
31              (b)   do either or both of the following --
32                       (i)   take the proposed relevant action or other relevant
33                             action;



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 1                        (ii)   refer the matter to another entity, including, for
 2                               example, a health complaints entity, for investigation
 3                               or other action.
 4      (3)     This section does not apply if --
 5                (a)   a National Board is proposing to take relevant action in
 6                      relation to a registered health practitioner or student; and
 7                (b)   the National Board has, in relation to the matter that forms
 8                      the basis for the relevant action --
 9                        (i)    investigated the registered health practitioner or
10                               student under Division 8; or
11                        (ii)   conducted a health assessment or performance
12                               assessment of the registered health practitioner or
13                               student under Division 9.

14   180.       Notice to be given to health practitioner or student and notifier
15      (1)     As soon as practicable after making a decision under section 179(2),
16              the National Board must give written notice of the decision to --
17                (a)   the registered health practitioner or student; and
18                (b)   if the decision was the result of a notification, the notifier.
19      (2)     The notice given to the notifier must include information about the
20              decision made by the Board only to the extent the information is
21              available on the National Board's register.

22                                 Division 11 -- Panels

23   181.       Establishment of health panel
24      (1)     A National Board may establish a health panel if --
25                (a)   the Board reasonably believes, because of a notification or for
26                      any other reason, that a registered health practitioner or
27                      student has or may have an impairment; and
28                (b)   the Board decides it is necessary or appropriate for the matter
29                      to be referred to a panel.




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 1      (2)   A health panel must consist of the following members chosen from a
 2            list referred to in section 183 --
 3              (a)   at least one member who is a registered health practitioner in
 4                    the health profession for which the Board is established;
 5              (b)   at least one member who is a medical practitioner with
 6                    expertise relevant to the matter the subject of the hearing;
 7              (c)   at least one member who is not, and has not been, a registered
 8                    health practitioner in the health profession for which the
 9                    Board has been established.
10      (3)   In choosing members of the panel, the National Board must, if
11            possible, choose a member from the jurisdiction in which the matter
12            the subject of the hearing occurred.
13      (4)   No more than half of the members of the panel may be registered
14            health practitioners in the health profession for which the Board is
15            established.
16      (5)   However, if the registered health practitioner the subject of the
17            hearing is a medical practitioner, a member of the panel referred to in
18            subsection (2)(b) is not to be considered to be registered in the health
19            profession for which the Board is established for the purposes of
20            subsection (4).
21      (6)   A person cannot be appointed to the panel if the person has been
22            involved in any proceedings relating to the matter the subject of the
23            hearing by the panel.

24   182.     Establishment of performance and professional standards panel
25      (1)   A National Board may establish a performance and professional
26            standards panel if --
27              (a)   the Board reasonably believes, because of a notification or for
28                    any other reason, that --
29                       (i)   the way a registered health practitioner practises the
30                             health profession is or may be unsatisfactory; or
31                      (ii)   the registered health practitioner's professional
32                             conduct is or may be unsatisfactory;
33                    and



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 1                (b)   the Board decides it is necessary or appropriate for the matter
 2                      to be referred to a panel.
 3      (2)     A performance and professional standards panel must consist of at
 4              least 3 members.
 5      (3)     In choosing members of the panel, the National Board must, if
 6              possible, choose a member from the jurisdiction in which the matter
 7              the subject of the hearing occurred.
 8      (4)     At least half, but no more than two-thirds, of the members of the
 9              panel must be persons who are registered health practitioners in the
10              health profession for which the Board is established, and chosen from
11              a list approved under section 183.
12      (5)     At least one member must be a person who represents the community
13              and chosen from a list approved under section 183.
14      (6)     A person may not be appointed to the panel if the person has been
15              involved in any proceedings relating to the matter the subject of the
16              hearing by the panel.

17   183.       List of approved persons for appointment to panels
18      (1)     A National Board may appoint individuals to a list of persons
19              approved to be appointed as members of panels.
20      (2)     To the extent practicable, individuals appointed under subsection (1)
21              should not --
22                (a)   for registered health practitioners, be individuals whose
23                      principal place of practice is in a co-regulatory jurisdiction; or
24                (b)   otherwise, be individuals who live in a co-regulatory
25                      jurisdiction.

26   184.       Notice to be given to registered health practitioner or student
27      (1)     A panel must give notice of its hearing of a matter to the registered
28              health practitioner or student the subject of the hearing.
29      (2)     The notice must state --
30                (a)   the day, time and place at which the hearing is to be held; and
31                (b)   the nature of the hearing and the matters to be considered at
32                      the hearing; and

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 1              (c)   that the registered health practitioner or student is required to
 2                    attend the hearing; and
 3              (d)   that the registered health practitioner may be accompanied at
 4                    the hearing by an Australian legal practitioner or other
 5                    person; and
 6              (e)   that if the registered health practitioner or student fails to
 7                    attend the hearing the hearing may continue, and the panel
 8                    may make a decision, in the practitioner's or student's
 9                    absence; and
10              (f)   the types of decision the panel may make at the end of the
11                    hearing.

12   185.     Procedure of panel
13      (1)   Subject to this Division, a panel may decide its own procedures.
14      (2)   A panel is required to observe the principles of natural justice but is
15            not bound by the rules of evidence.
16      (3)   A panel may have regard to --
17              (a)   a report prepared by an assessor about the registered health
18                    practitioner or student; and
19              (b)   any other information the panel considers relevant to the
20                    hearing of the matter.

21   186.     Legal representation
22      (1)   At a hearing of a panel, the registered health practitioner or student
23            the subject of the hearing may be accompanied by an Australian legal
24            practitioner or another person.
25      (2)   An Australian legal practitioner or other person accompanying the
26            registered health practitioner or student may appear on behalf of the
27            practitioner or student only with the leave of the panel.
28      (3)   The panel may grant leave for an Australian legal practitioner or other
29            person to appear on behalf of the registered health practitioner or
30            student only if the panel considers it appropriate in the particular
31            circumstances of the hearing.




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 1   187.       Submission by notifier
 2              If a matter the subject of a hearing before a panel relates to a
 3              notification, the notifier may, with the leave of the panel, make a
 4              submission to the panel about the matter.

 5   188.       Panel may proceed in absence of registered health practitioner or
 6              student
 7              At a hearing, a panel may proceed in the absence of the registered
 8              health practitioner or student the subject of the proceedings if the
 9              panel reasonably believes the practitioner or student has been given
10              notice of the hearing.

11   189.       Hearing not open to the public
12              A hearing before a panel is not open to the public.

13   190.       Referral to responsible tribunal
14              A panel must stop hearing a matter and require the National Board
15              that established the panel to refer the matter to a responsible tribunal
16              under section 193 if, at any time --
17                (a)   the practitioner or student the subject of the hearing asks the
18                      panel for the matter to be referred to a responsible tribunal
19                      under section 193; or
20                (b)   if the subject of the hearing is a registered health
21                      practitioner --
22                         (i)   the panel reasonably believes the evidence
23                               demonstrates the practitioner may have behaved in a
24                               way that constitutes professional misconduct; or
25                        (ii)   the panel reasonably believes the evidence
26                               demonstrates the practitioner's registration may have
27                               been improperly obtained because the practitioner or
28                               someone else gave the Board information or a
29                               document that was false or misleading in a material
30                               particular.




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

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 1                       (iii)   a condition requiring the practitioner to do, or refrain
 2                               from doing, something in connection with the
 3                               practitioner's practice; or
 4                        (iv)   a condition requiring the practitioner to manage the
 5                               practitioner's practice in a specified way; or
 6                        (v)    a condition requiring the practitioner to report to a
 7                               specified person at specified times about the
 8                               practitioner's practice; or
 9                        (vi)   a condition requiring the practitioner not to employ,
10                               engage or recommend a specified person, or class of
11                               persons;
12                (b)   for a health panel, suspend the practitioner's or student's
13                      registration;
14                (c)   for a performance and professional standards panel, caution
15                      or reprimand the practitioner.
16      (4)     If a panel decides to impose a condition on a registered health
17              practitioner's or student's registration, the panel must also decide a
18              review period for the condition.
19      (5)     A decision by a panel that a registered health practitioner has no case
20              to answer in relation to a matter does not prevent a National Board or
21              adjudication body taking the matter into consideration at a later time
22              as part of a pattern of conduct or practice by the health practitioner.

23   192.       Notice to be given about panel's decision
24      (1)     As soon as practicable after making a decision under section 191, a
25              panel must give notice of its decision to the National Board that
26              established it.
27      (2)     The National Board must, within 30 days after the panel makes its
28              decision, give written notice of the decision to --
29                (a)   the registered health practitioner or student the subject of the
30                      hearing; and
31                (b)   if the hearing related to a notification, the notifier.
32      (3)     The notice given to the registered health practitioner or student must
33              state --
34                (a)   the decision made by the panel; and

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


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 1                (b)   give written notice of the referral to the registered health
 2                      practitioner or student to whom the matter relates.

 3   194.       Parties to the proceedings
 4              The parties to proceedings relating to a matter being heard by a
 5              responsible tribunal are --
 6                (a)   the registered health practitioner or student who is the subject
 7                      of the proceedings; and
 8                (b)   the National Board that referred the matter to the tribunal.

 9   195.       Costs
10              The responsible tribunal may make any order about costs it considers
11              appropriate for the proceedings.

12   196.       Decision by responsible tribunal about registered health
13              practitioner
14      (1)     After hearing a matter about a registered health practitioner, a
15              responsible tribunal may decide --
16                (a)   the practitioner has no case to answer and no further action is
17                      to be taken in relation to the matter; or
18                (b)   one or more of the following --
19                         (i)   the practitioner has behaved in a way that constitutes
20                               unsatisfactory professional performance;
21                        (ii)   the practitioner has behaved in a way that constitutes
22                               unprofessional conduct;
23                       (iii)   the practitioner has behaved in a way that constitutes
24                               professional misconduct;
25                       (iv)    the practitioner has an impairment;
26                        (v)    the practitioner's registration was improperly
27                               obtained because the practitioner or someone else
28                               gave the National Board that registered the
29                               practitioner information or a document that was false
30                               or misleading in a material particular.




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 1   (2)   If a responsible tribunal makes a decision referred to in
 2         subsection (1)(b), the tribunal may decide to do one or more of the
 3         following --
 4           (a)   caution or reprimand the practitioner;
 5           (b)   impose a condition on the practitioner's registration,
 6                 including, for example --
 7                    (i)   a condition requiring the practitioner to complete
 8                          specified further education or training, or to undergo
 9                          counselling, within a specified period; or
10                   (ii)   a condition requiring the practitioner to undertake a
11                          specified period of supervised practice; or
12                  (iii)   a condition requiring the practitioner to do, or refrain
13                          from doing, something in connection with the
14                          practitioner's practice; or
15                  (iv)    a condition requiring the practitioner to manage the
16                          practitioner's practice in a specified way; or
17                   (v)    a condition requiring the practitioner to report to a
18                          specified person at specified times about the
19                          practitioner's practice; or
20                  (vi)    a condition requiring the practitioner not to employ,
21                          engage or recommend a specified person, or class of
22                          persons;
23           (c)   require the practitioner to pay a fine of not more than $30 000
24                 to the National Board that registers the practitioner;
25           (d)   suspend the practitioner's registration for a specified period;
26           (e)   cancel the practitioner's registration.
27   (3)   If the responsible tribunal decides to impose a condition on the
28         practitioner's registration, the tribunal must also decide a review
29         period for the condition.
30   (4)   If the tribunal decides to cancel a person's registration under this Law
31         or the person does not hold registration under this Law, the tribunal
32         may also decide to --
33           (a)   disqualify the person from applying for registration as a
34                 registered health practitioner for a specified period; or



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 1                (b)   prohibit the person from using a specified title or providing a
 2                      specified health service.

 3   197.       Decision by responsible tribunal about student
 4      (1)     After hearing a matter about a student, a responsible tribunal may
 5              decide --
 6                (a)   the student has an impairment; or
 7                (b)   the student has no case to answer and no further action is to
 8                      be taken in relation to the matter.
 9      (2)     If the responsible tribunal decides the student has an impairment, the
10              tribunal may decide to --
11                (a)   impose a condition on the student's registration; or
12                (b)   suspend the student's registration.

13   198.       Relationship with Act establishing responsible tribunal
14              This Division applies despite any provision to the contrary of the Act
15              that establishes the responsible tribunal but does not otherwise limit
16              that Act.

17                                Division 13 -- Appeals

18   199.       Appellable decisions
19      (1)     A person who is the subject of any of the following decisions (an
20              appellable decision) may appeal against the decision to the
21              appropriate responsible tribunal for the appellable decision --
22                (a)   a decision by a National Board to refuse to register the
23                      person;
24                (b)   a decision by a National Board to refuse to endorse the
25                      person's registration;
26                (c)   a decision by a National Board to refuse to renew the
27                      person's registration;
28                (d)   a decision by a National Board to refuse to renew the
29                      endorsement of the person's registration;




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 1           (e)   a decision by a National Board to impose or change a
 2                 condition on a person's registration or the endorsement of the
 3                 person's registration, other than --
 4                      (i)   a condition relating to the person's qualification for
 5                            general registration in the health profession; and
 6                   (ii)     a condition imposed by section 112(3)(a);
 7           (f)   a decision by a National Board to refuse to change or remove
 8                 a condition imposed on the person's registration or the
 9                 endorsement of the person's registration;
10           (g)   a decision by a National Board to refuse to change or revoke
11                 an undertaking given by the person to the Board;
12           (h)   a decision by a National Board to suspend the person's
13                 registration;
14           (i)   a decision by a panel to impose a condition on the person's
15                 registration;
16           (j)   a decision by a health panel to suspend the person's
17                 registration;
18           (k)   a decision by a performance and professional standards panel
19                 to reprimand the person.
20   (2)   For the purposes of subsection (1), the appropriate responsible
21         tribunal for an appellable decision is --
22           (a)   for a decision to take health, conduct or performance action in
23                 relation to a registered health practitioner or student --
24                      (i)   the responsible tribunal for the participating
25                            jurisdiction in which the behaviour the subject of the
26                            decision occurred; or
27                   (ii)     if the behaviour the subject of the decision occurred
28                            in more than one jurisdiction, the responsible tribunal
29                            for the participating jurisdiction in which the
30                            practitioner's principal place of practice is located;
31                 or
32           (b)   for another decision in relation to a registered health
33                 practitioner, the responsible tribunal for the participating
34                 jurisdiction in which the practitioner's principal place of
35                 practice is located; or


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 1                (c)   for another decision in relation to a student, the responsible
 2                      tribunal for the participating jurisdiction in which the student
 3                      is undertaking the approved programme of study or clinical
 4                      training; or
 5                (d)   for a decision in relation to another person --
 6                         (i)    the responsible tribunal for the participating
 7                                jurisdiction in which the person lives; or
 8                         (ii)   if the person does not live in a participating
 9                                jurisdiction, the responsible tribunal for the
10                                participating jurisdiction nominated by the National
11                                Board that made the appellable decision and specified
12                                in the notice given to the person of the appellable
13                                decision.

14   200.       Parties to the proceedings
15              The parties to proceedings relating to an appellable decision being
16              heard by a responsible tribunal are --
17                (a)   the person who is the subject of the appellable decision; and
18                (b)   the National Board that --
19                         (i)    made the appellable decision; or
20                         (ii)   established the panel that made the appellable
21                                decision.

22   201.       Costs
23              The responsible tribunal may make any order about costs it considers
24              appropriate for the proceedings.

25   202.       Decision
26      (1)     After hearing the matter, the responsible tribunal may --
27                (a)   confirm the appellable decision; or
28                (b)   amend the appellable decision; or
29                (c)   substitute another decision for the appellable decision.
30      (2)     In substituting another decision for the appellable decision, the
31              responsible tribunal has the same powers as the entity that made the
32              appellable decision.


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 1   203.     Relationship with Act establishing responsible tribunal
 2            This Division applies despite any provision to the contrary of the Act
 3            that establishes the responsible tribunal but does not otherwise limit
 4            that Act.

 5                             Division 14 -- Miscellaneous

 6   204.     Notice from adjudication body
 7      (1)   If an adjudication body, other than a court, makes a decision in
 8            relation to a health practitioner or student registered in a health
 9            profession, it must give written notice of the decision to the National
10            Board established for the profession.
11      (2)   The notice must state --
12              (a)   the decision made by the adjudication body; and
13              (b)   the reasons for the decision; and
14              (c)   the date the decision takes effect; and
15              (d)   any action the National Board must take to give effect to the
16                    decision.

17   205.     Implementation of decisions
18      (1)   A National Board must give effect to a decision of an adjudication
19            body unless the decision is stayed on appeal.
20      (2)   Without limiting subsection (1), the National Board must, if the notice
21            given to the Board states that a health practitioner's or student's
22            registration is cancelled, remove the practitioner's or student's name
23            from the appropriate register kept by the Board.

24   206.     National Board to give notice to registered health practitioner's
25            employer
26      (1)   This section applies if --
27              (a)   a National Board --
28                       (i)    decides to take health, conduct or performance action
29                              against a registered health practitioner; or
30                      (ii)    receives notice from an adjudication body that the
31                              adjudication body has decided to take health, conduct

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 1                                 or performance action against a registered health
 2                                 practitioner; or
 3                         (iii)   receives notice from a co-regulatory authority that an
 4                                 adjudication body in the co-regulatory jurisdiction
 5                                 has decided to take health, conduct or performance
 6                                 action against a registered health practitioner;
 7                       and
 8                (b)    the National Board has been advised by the registered health
 9                       practitioner that the practitioner is employed by another
10                       entity.
11              Note: Under section 132, a National Board may ask a registered health
12                    practitioner to give the Board information about whether or not the
13                    practitioner is employed by another entity and, if so, for the employer's
14                    details.

15      (2)     The National Board must, as soon as practicable after making the
16              decision or receiving the notice, give written notice of the decision to
17              take health, conduct or performance action against the registered
18              health practitioner to the practitioner's employer.

19   207.       Effect of suspension
20              If a person's registration as a health practitioner or student is
21              suspended under this Law the person is taken during the period of
22              suspension not to be registered under this Law, other than for the
23              purposes of this Part.




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 1                               Part 9 -- Finance
 2   208.     Australian Health Practitioner Regulation Agency Fund
 3      (1)   The Australian Health Practitioner Regulation Agency Fund is
 4            established.
 5      (2)   The Agency Fund is to have a separate account for each National
 6            Board.
 7      (3)   The Agency Fund is a fund to be administered by the National
 8            Agency.
 9      (4)   The National Agency may establish accounts with any financial
10            institution for money in the Agency Fund.
11      (5)   The Agency Fund does not form part of the consolidated fund or
12            consolidated account of a participating jurisdiction or the
13            Commonwealth.

14   209.     Payments into Agency Fund
15      (1)   There is payable into the Agency Fund --
16              (a)   all money appropriated by the Parliament of any participating
17                    jurisdiction or the Commonwealth for the purposes of the
18                    Fund; and
19              (b)   all fees, costs and expenses paid or recovered under this Law;
20                    and
21              (c)   all fines paid to, or recovered by, a National Board in
22                    accordance with an order of an adjudication body; and
23              (d)   the proceeds of the investment of money in the Fund; and
24              (e)   all grants, gifts and donations made to the National Agency or
25                    a National Board, but subject to any trusts declared in relation
26                    to the grants, gifts or donations; and
27              (f)   all money directed or authorised to be paid into the Fund by
28                    or under this Law, any law of a participating jurisdiction or
29                    any law of the Commonwealth; and
30              (g)   any other money or property received by the National Agency
31                    or a National Board in connection with the exercise of its
32                    functions.

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 1      (2)     Any money paid into the Agency Fund under subsection (1) for or on
 2              behalf of a National Board must be paid into the Board's account kept
 3              within the Agency Fund.

 4   210.       Payments out of Agency Fund
 5      (1)     Payments may be made from the Agency Fund for the purpose of --
 6                (a)   paying any costs or expenses, or discharging any liabilities,
 7                      incurred in the administration or enforcement of this Law;
 8                      and
 9                (b)   making payments to co-regulatory authorities; and
10                (c)   any other payments recommended by the National Board or
11                      National Agency and approved by the Ministerial Council.
12      (2)     Without limiting subsection (1)(a), a payment may be made from the
13              Agency Fund to a responsible tribunal to meet the expenses of the
14              responsible tribunal in performing functions under this Law.
15      (3)     A payment under subsection (1) may be made from a National
16              Board's account kept within the Agency Fund only if the payment is
17              in accordance with the Board's budget or otherwise approved by the
18              Board.

19   211.       Investment of money in Agency Fund
20      (1)     Subject to this section, the National Agency may invest money in the
21              Agency Fund in the way it considers appropriate.
22      (2)     The National Agency may invest money in a National Board's
23              account kept within the Agency Fund only if the Agency has
24              consulted the Board about the investment.
25      (3)     An investment under this section must be --
26                (a)   in Australian money; and
27                (b)   undertaken in Australia.
28      (4)     The National Agency must use its best efforts to invest money in the
29              Agency Fund in a way it considers is most appropriate in all the
30              circumstances.
31      (5)     The National Agency must keep records that show it has invested in
32              the way most appropriate in the circumstances.


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 1      (6)   A security, safe custody acknowledgment or other document
 2            evidencing title accepted, guaranteed or issued for an investment
 3            arrangement must be held by the National Agency.

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



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1              (b)   take any action necessary to ensure that the National Agency
2                    is able to comply with this section in relation to the funding
3                    of the National Board in exercising its functions.




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 1                     Part 10 -- Information and privacy

 2                                Division 1 -- Privacy

 3   213.     Application of Commonwealth Privacy Act
 4      (1)   The Privacy Act applies as a law of a participating jurisdiction for the
 5            purposes of the national registration and accreditation scheme.
 6      (2)   For the purposes of subsection (1), the Privacy Act applies --
 7              (a)   as if a reference to the Office of the Privacy Commissioner
 8                    were a reference to the Office of the National Health
 9                    Practitioners Privacy Commissioner; and
10              (b)   as if a reference to the Privacy Commissioner were a
11                    reference to the National Health Practitioners Privacy
12                    Commissioner; and
13              (c)   with any other modifications made by the regulations.
14      (3)   Without limiting subsection (2)(c), the regulations may --
15              (a)   provide that the Privacy Act applies under subsection (1) as if
16                    a provision of the Privacy Act specified in the regulations
17                    were omitted; or
18              (b)   provide that the Privacy Act applies under subsection (1) as if
19                    an amendment to the Privacy Act made by a law of the
20                    Commonwealth, and specified in the regulations, had not
21                    taken effect; or
22              (c)   confer jurisdiction on a tribunal or court of a participating
23                    jurisdiction.
24      (4)   In this section --
25            Privacy Act means the Privacy Act 1988 (Commonwealth), as in force
26            from time to time.




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 1            Division 2 -- Disclosure of information and confidentiality

 2   214.       Term used: protected information
 3              In this Division --
 4              protected information means information that comes to a person's
 5              knowledge in the course of, or because of, the person exercising
 6              functions under this Law.

 7   215.       Application of Commonwealth FOI Act
 8      (1)     The FOI Act applies as a law of a participating jurisdiction for the
 9              purposes of the national registration and accreditation scheme.
10      (2)     The regulations under this Law may modify the FOI Act for the
11              purposes of this Law.
12      (3)     Without limiting subsection (2), the regulations may --
13                (a)         provide that the FOI Act applies under subsection (1) as if a
14                            provision of the FOI Act specified in the regulations were
15                            omitted; or
16                (b)         provide that the FOI Act applies under subsection (1) as if an
17                            amendment to the FOI Act made by a law of the
18                            Commonwealth, and specified in the regulations, had not
19                            taken effect; or
20                (c)         confer jurisdiction on a tribunal or court of a participating
21                            jurisdiction.
22      (4)     In this section --
23              FOI Act means the Freedom of Information Act 1982
24              (Commonwealth), as in force from time to time.

25   216.       Duty of confidentiality
26      (1)     A person who is, or has been, a person exercising functions under this
27              Law must not disclose to another person protected information.
28              Penalty:
29                      (a)      in the case of an individual -- a fine of $5 000;
30                      (b)      in the case of a body corporate -- a fine of $10 000.



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 1      (2)   However, subsection (1) does not apply if --
 2              (a)   the information is disclosed in the exercise of a function
 3                    under, or for the purposes of, this Law; or
 4              (b)   the disclosure --
 5                         (i)   is to a co-regulatory authority; or
 6                      (ii)     is authorised or required by any law of a participating
 7                               jurisdiction;
 8                    or
 9              (c)   the disclosure is otherwise required or permitted by law; or
10              (d)   the disclosure is with the agreement of the person to whom
11                    the information relates; or
12              (e)   the disclosure is in a form that does not identify the identity
13                    of a person; or
14              (f)   the information relates to proceedings before a responsible
15                    tribunal and the proceedings are or were open to the public;
16                    or
17              (g)   the information is, or has been, accessible to the public,
18                    including because it is or was recorded in a National Register;
19                    or
20              (h)   the disclosure is otherwise authorised by the Ministerial
21                    Council.

22   217.     Disclosure of information for workforce planning
23      (1)   The Ministerial Council may, by written notice given to a National
24            Board, ask the Board for information required by the Council for
25            planning the workforce of health practitioners, or a class of
26            practitioners, in Australia or a part of Australia.
27      (2)   If a National Board receives a request under subsection (1), the Board
28            may, by written notice given to health practitioners registered by the
29            Board, ask the practitioners for information relevant to the request.
30      (3)   A registered health practitioner who is asked to provide information
31            under subsection (2) may, but is not required to, provide the
32            information.




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 1      (4)     The National Board --
 2                (a)   must give information received from a registered health
 3                      practitioner to the Ministerial Council in a way that does not
 4                      identify any registered health practitioner; and
 5                (b)   must not use information received under this section that
 6                      identifies a registered health practitioner for any other
 7                      purpose.
 8      (5)     The Ministerial Council must publish information it receives under
 9              this section in a way that is timely and ensures it is accessible to the
10              public.

11   218.       Disclosure of information for information management and
12              communication purposes
13      (1)     A person may disclose protected information to an information
14              management agency if the disclosure is in accordance with an
15              authorisation given by the Ministerial Council under subsection (2).
16      (2)     The Ministerial Council may authorise the disclosure of protected
17              information to an information management agency if the Council is
18              satisfied --
19                (a)   the protected information will be collected, stored and used
20                      by the information management agency in a way that ensures
21                      the privacy of the persons to whom it relates is protected; and
22                (b)   the provision of the protected information to the information
23                      management agency is necessary to enable the agency to
24                      exercise its functions.
25      (3)     An authorisation under subsection (2) --
26                (a)   may apply to protected information generally or a class of
27                      protected information; and
28                (b)   may be subject to conditions.
29      (4)     In this section --
30              information management agency means a Commonwealth, State or
31              Territory agency that has functions relating to the identification of
32              health practitioners for information management and communication
33              purposes, including, for example, the National E-health Transition
34              Authority.


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 1   219.     Disclosure of information to other Commonwealth, State and
 2            Territory entities
 3      (1)   A person exercising functions under this Law may disclose protected
 4            information to the following entities --
 5              (a)   the chief executive officer under the Medicare Australia
 6                    Act 1973 (Commonwealth);
 7              (b)   an entity performing functions under the Health Insurance
 8                    Act 1973 (Commonwealth);
 9              (c)   the Secretary within the meaning of the National Health
10                    Act 1953 (Commonwealth);
11              (d)   the Secretary to the Department in which the Migration
12                    Act 1958 (Commonwealth) is administered;
13              (e)   another Commonwealth, State or Territory entity having
14                    functions relating to professional services provided by health
15                    practitioners or the regulation of health practitioners.
16      (2)   However, a person may disclose protected information under
17            subsection (1) only if the person is satisfied --
18              (a)   the protected information will be collected, stored and used
19                    by the entity to which it is disclosed in a way that ensures the
20                    privacy of the persons to whom it relates is protected; and
21              (b)   the provision of the protected information to the entity is
22                    necessary to enable the entity to exercise its functions.

23   220.     Disclosure to protect health or safety of patients or other persons
24      (1)   This section applies if a National Board reasonably believes that --
25              (a)   a registered health practitioner poses, or may pose, a risk to
26                    public health; or
27              (b)   the health or safety of a patient or a class of patients is or may
28                    be at risk because of a registered health practitioner's practice
29                    as a health practitioner.
30      (2)   The National Board may give written notice of the risk and any
31            relevant information about the registered health practitioner to an
32            entity of the Commonwealth or of a State or Territory that the Board
33            considers may be required to take action in relation to the risk.



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 1   221.       Disclosure to registration authorities
 2              A person exercising functions under this Law may disclose protected
 3              information to a registration authority if the disclosure is necessary for
 4              the authority to exercise its functions.

 5          Division 3 -- Registers in relation to registered health practitioner

 6   222.       National Registers
 7      (1)     Each of the following National Boards must, in conjunction with the
 8              National Agency --
 9                 (a)   keep the public national register listed beside that Board in
10                       the following Table that is to include the names of all health
11                       practitioners, other than specialist health practitioners,
12                       currently registered by the Board; and
13                (b)    if Divisions are listed beside the public national register in the
14                       Table, keep the register in a way that ensures it includes those
15                       Divisions.
16      (2)     In addition, each National Board must keep a public national register
17              that is to include the names of all health practitioners, other than
18              specialist health practitioners, who were registered by the Board and
19              whose registration has been cancelled by an adjudication body.
20                           Table -- Public national registers

                 Name of Board            Name of public            Divisions of public
                                          national register         national register

                 Aboriginal and           Register of
                 Torres Strait Islander   Aboriginal and
                 Health Practice          Torres Strait Islander
                 Board of Australia       Health Practitioners

                 Chinese Medicine         Register of Chinese       Acupuncturists,
                 Board of Australia       Medicine                  Chinese herbal
                                          Practitioners             medicine
                                                                    practitioners,
                                                                    Chinese herbal
                                                                    dispensers



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Name of Board         Name of public        Divisions of public
                      national register     national register

Chiropractic Board    Register of
of Australia          Chiropractors

Dental Board of       Register of Dental    Dentists, Dental
Australia             Practitioners         therapists, Dental
                                            hygienists, Dental
                                            prosthetists, Oral
                                            health therapists

Medical Board of      Register of Medical
Australia             Practitioners

Medical Radiation     Register of Medical   Diagnostic
Practice Board of     Radiation             radiographers,
Australia             Practitioners         Nuclear medicine
                                            technologists,
                                            Radiation therapists

Nursing and           Register of Nurses    Registered nurses
Midwifery Board of                          (Division 1),
Australia                                   Enrolled nurses
                                            (Division 2)

                      Register of
                      Midwives

Occupational          Register of
Therapy Board of      Occupational
Australia             Therapists

Optometry Board of    Register of
Australia             Optometrists

Osteopathy Board of   Register of
Australia             Osteopaths




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                Name of Board            Name of public            Divisions of public
                                         national register         national register

                Pharmacy Board of        Register of
                Australia                Pharmacists

                Physiotherapy Board      Register of
                of Australia             Physiotherapists

                Podiatry Board of        Register of
                Australia                Podiatrists

                Psychology Board of      Register of
                Australia                Psychologists

 1   223.       Specialists registers
 2              The National Board established for a health profession for which
 3              specialist recognition operates under this Law must, in conjunction
 4              with the National Agency, keep --
 5                (a)   a public national specialists register that includes the names
 6                      of all specialist health practitioners currently registered by the
 7                      Board; and
 8                (b)   a public national register that includes the names of all
 9                      specialist health practitioners whose registration has been
10                      cancelled by an adjudication body.

11   224.       Way registers are to be kept
12              Subject to this Division, a register a National Board is required to
13              keep under this Division must be kept --
14                (a)   in a way that ensures it is up-to-date and accurate; and
15                (b)   otherwise in the way the National Agency considers
16                      appropriate.




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 1   225.   Information to be recorded in National Register
 2          A National Register or Specialists Register must include the following
 3          information for each registered health practitioner whose name is
 4          included in the register --
 5            (a)   the practitioner's sex;
 6            (b)   the suburb and postcode of the practitioner's principal place
 7                  of practice;
 8            (c)   the registration number or code given to the practitioner by
 9                  the National Board;
10            (d)   the date on which the practitioner was first registered in the
11                  health profession in Australia, whether under this Law or a
12                  corresponding prior Act;
13            (e)   the date on which the practitioner's registration expires;
14            (f)   the type of registration held by the practitioner;
15            (g)   if the register includes divisions, the division in which the
16                  practitioner is registered;
17            (h)   if the practitioner holds specialist registration, the recognised
18                  specialty in which the practitioner is registered;
19            (i)   if the practitioner holds limited registration, the purpose for
20                  which the practitioner is registered;
21            (j)   if the practitioner has been reprimanded, the fact that the
22                  practitioner has been reprimanded;
23            (k)   if a condition has been imposed on the practitioner's
24                  registration or the National Board has entered into an
25                  undertaking with the practitioner --
26                     (i)   if section 226(1) applies, the fact that a condition has
27                           been imposed or an undertaking accepted; or
28                    (ii)   otherwise, details of the condition or undertaking;
29            (l)   if the practitioner's registration is suspended, the fact that the
30                  practitioner's registration has been suspended and, if the
31                  suspension is for a specified period, the period during which
32                  the suspension applies;
33           (m)    if the practitioner's registration has been endorsed, details of
34                  the endorsement;



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 1                (n)   details of any qualifications relied on by the practitioner to
 2                      obtain registration or to have the practitioner's registration
 3                      endorsed;
 4                (o)   if the practitioner has advised the National Board the
 5                      practitioner fluently speaks a language other than English,
 6                      details of the other language spoken;
 7                (p)   any other information the National Board considers
 8                      appropriate.

 9   226.       National Board may decide not to include or to remove certain
10              information in register
11      (1)     A National Board may decide that a condition imposed on a registered
12              health practitioner's registration, or the details of an undertaking
13              accepted from a registered health practitioner, because the practitioner
14              has an impairment is not to be recorded in its National Register or
15              Specialists Register if --
16                (a)   it is necessary to protect the practitioner's privacy; and
17                (b)   there is no overriding public interest for the condition or the
18                      details of the undertaking to be recorded.
19      (2)     A National Board may decide that information relating to a registered
20              health practitioner is not to be recorded in its National Register or
21              Specialists Register if --
22                (a)   the practitioner asks the Board not to include the information
23                      in the register; and
24                (b)   the Board reasonably believes the inclusion of the
25                      information in the register would present a serious risk to the
26                      health or safety of the practitioner.
27      (3)     A National Board may decide to remove information that a registered
28              health practitioner has been reprimanded from the National Register
29              or Specialists Register if it considers it is no longer necessary or
30              appropriate for the information to be recorded on the Register.




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 1   227.     Register about former registered health practitioners
 2            A register kept by a National Board under section 222(2) or 223(b)
 3            must include the following information for each health practitioner
 4            whose registration was cancelled by an adjudication body --
 5              (a)   the fact that the practitioner's registration was cancelled by an
 6                    adjudication body;
 7              (b)   the grounds on which the practitioner's registration was
 8                    cancelled;
 9              (c)   if the adjudication body's hearing of the matter was open to
10                    the public, details of the conduct that formed the basis of the
11                    cancellation.

12   228.     Inspection of registers
13      (1)   The National Agency --
14              (a)   must keep each register kept by a National Board under this
15                    Division open for inspection, free of charge, by members of
16                    the public --
17                       (i)   at its national office and each of its local offices
18                             during ordinary office hours; and
19                      (ii)   on the Agency's website;
20                    and
21              (b)   must give a person an extract from the register on payment of
22                    the relevant fee; and
23              (c)   may give a person a copy of the register on payment of the
24                    relevant fee.
25      (2)   The National Agency may give a person a copy of the register under
26            subsection (1)(c) only if the Agency is satisfied it would be in the
27            public interest to do so.
28      (3)   The National Agency may waive, wholly or partly, the payment of a
29            fee by a person under subsection (1)(b) or (c) if the Agency considers
30            it appropriate in the circumstances.




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 1                            Division 4 -- Student registers

 2   229.       Student registers
 3      (1)     Each National Board must, in conjunction with the National Agency,
 4              keep a student register that includes the name of all persons currently
 5              registered as students by the Board.
 6      (2)     A student register is not to be open to inspection by the public.

 7   230.       Information to be recorded in student register
 8      (1)     Subject to this Division, a student register kept by a National Board
 9              must be kept in the way the National Agency considers appropriate.
10      (2)     A student register kept by a National Board must include the
11              following information for each student whose name is included in the
12              register --
13                (a)   the student's name;
14                (b)   the student's date of birth;
15                (c)   the student's sex;
16                (d)   the student's mailing address and any other contact details;
17                (e)   the name of the education provider that is providing the
18                      approved programme of study being undertaken by the
19                      student;
20                (f)   the date on which the student was first registered, whether
21                      under this law or a corresponding prior Act;
22                (g)   the date on which the student started the approved
23                      programme of study;
24                (h)   the date on which the student is expected to complete the
25                      approved programme of study;
26                (i)   if the student has completed or otherwise ceased to be
27                      enrolled in the approved programme of study, the date of the
28                      completion or cessation;
29                (j)   if a condition has been imposed on the student's registration,
30                      details of the condition;
31                (k)   if the Board accepts an undertaking from the student, details
32                      of the undertaking;
33                (l)   any other information the Board considers appropriate.

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 1                           Division 5 -- Other records

 2   231.     Other records to be kept by National Boards
 3            A National Board must keep a record of the following information for
 4            each health practitioner it registers --
 5              (a)   information that identifies the practitioner;
 6              (b)   the practitioner's contact details;
 7              (c)   information about the practitioner's registration or
 8                    endorsement;
 9              (d)   information about any previous registration of the
10                    practitioner, whether in Australia or overseas;
11              (e)   information about any notification made about the
12                    practitioner and any investigation and health, conduct or
13                    performance action taken as a result of the notification;
14              (f)   information about the practitioner's professional indemnity
15                    insurance arrangements;
16              (g)   information about checks carried out by the Board about the
17                    practitioner's criminal history and identity, including the
18                    nature of the check carried out, when it was carried out and
19                    the nature of the information provided by the check.

20   232.     Record of adjudication decisions to be kept and made publicly
21            available
22      (1)   A National Board is to keep and publish on its website a record of
23            decisions made by --
24              (a)   panels established by the Board; and
25              (b)   responsible tribunals that relate to registered health
26                    practitioners or students registered by the Board.
27      (2)   The record is to be kept --
28              (a)   in a way that does not identify persons involved in the matter,
29                    unless the decision was made by a responsible tribunal and
30                    the hearing was open to the public; and
31              (b)   otherwise in the way decided by the National Board.




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 1                           Division 6 -- Unique Identifier

 2   233.       Unique identifier to be given to each registered health
 3              practitioner
 4      (1)     This section applies if --
 5                (a)   a National Board registers a person in the health profession
 6                      for which the Board is established; and
 7                (b)   the person has not previously been registered by that Board or
 8                      any other National Board.
 9      (2)     The National Board must, at the time of registering the person, give
10              the person an identifying number or code (a unique identifier) that is
11              unique to the person.
12      (3)     The National Board must keep a record of the unique identifier given
13              to the person.
14      (4)     If the person is subsequently registered by the National Board or
15              another Board the person is to continue to be identified by the unique
16              identifier given to the person under subsection (2).




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 1                            Part 11 -- Miscellaneous

 2   Division 1 -- Provisions relating to persons exercising functions under law

 3   234.     General duties of persons exercising functions under this Law
 4      (1)   A person exercising functions under this Law must, when exercising
 5            the functions, act honestly and with integrity.
 6      (2)   A person exercising functions under this Law must exercise the
 7            person's functions under this Law --
 8              (a)   in good faith; and
 9              (b)   in a financially responsible manner; and
10              (c)   with a reasonable degree of care, diligence and skill.
11      (3)   A person exercising functions under this Law must not make
12            improper use of the person's position or of information that comes to
13            the person's knowledge in the course of, or because of, the person's
14            exercise of the functions --
15              (a)   to gain an advantage for himself or herself or another person;
16                    or
17              (b)   to cause a detriment to the development, implementation or
18                    operation of the national registration and accreditation
19                    scheme.

20   235.     Application of Commonwealth Ombudsman Act
21      (1)   The Ombudsman Act applies as a law of a participating jurisdiction
22            for the purposes of the national registration and accreditation scheme.
23      (2)   For the purposes of subsection (1), the Ombudsman Act applies --
24              (a)   as if a reference to the Commonwealth Ombudsman were a
25                    reference to the National Health Practitioners Ombudsman;
26                    and
27              (b)   with any other modifications made by the regulations.
28      (3)   Without limiting subsection (2), the regulations may --
29              (a)   provide that the Ombudsman Act applies under subsection (1)
30                    as if a provision of the Ombudsman Act specified in the
31                    regulations were omitted; or

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 1                (b)   provide that the Ombudsman Act applies under subsection (1)
 2                      as if an amendment to the Ombudsman Act made by a law of
 3                      the Commonwealth, and specified in the regulations, had not
 4                      taken effect; or
 5                (c)   confer jurisdiction on a tribunal or court of a participating
 6                      jurisdiction.
 7      (4)     In this section --
 8              Ombudsman Act means the Ombudsman Act 1976 (Commonwealth),
 9              as in force from time to time.

10   236.       Protection from personal liability for persons exercising functions
11      (1)     A protected person is not personally liable for anything done or
12              omitted to be done in good faith --
13                (a)   in the exercise of a function under this Law; or
14                (b)   in the reasonable belief that the act or omission was the
15                      exercise of a function under this Law.
16      (2)     Any liability resulting from an act or omission that would, but for
17              subsection (1), attach to a protected person attaches instead to the
18              National Agency.
19      (3)     In this section --
20              protected person means any of the following --
21                (a)   a member of the Advisory Council;
22                (b)   a member of the Agency Management Committee;
23                (c)   a member of a National Board or a committee of the National
24                      Board;
25                (d)   a member of an external accreditation entity;
26                (e)   a member of the staff of the National Agency;
27                (f)   a consultant or contractor engaged by the National Agency;
28                (g)   a person appointed by the National Agency to conduct an
29                      examination or assessment for a National Board;
30                (h)   a person employed or engaged by an external accreditation
31                      entity to assist it with its accreditation function.




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 1   237.     Protection from liability for persons making notification or
 2            otherwise providing information
 3      (1)   This section applies to a person who, in good faith --
 4              (a)   makes a notification under this Law; or
 5              (b)   gives information in the course of an investigation or for
 6                    another purpose under this Law to a person exercising
 7                    functions under this Law.
 8      (2)   The person is not liable, civilly, criminally or under an administrative
 9            process, for giving the information.
10      (3)   Without limiting subsection (2) --
11              (a)   the making of the notification or giving of the information
12                    does not constitute a breach of professional etiquette or ethics
13                    or a departure from accepted standards of professional
14                    conduct; and
15              (b)   no liability for defamation is incurred by the person because
16                    of the making of the notification or giving of the information.
17      (4)   The protection given to the person by this section extends to --
18              (a)   a person who, in good faith, provided the person with any
19                    information on the basis of which the notification was made
20                    or the information was given; and
21              (b)   a person who, in good faith, was otherwise concerned in the
22                    making of the notification or giving of the information.

23                              Division 2 -- Inspectors

24   238.     Functions and powers of inspectors
25      (1)   An inspector has the function of conducting investigations to enforce
26            compliance with this Law.
27      (2)   Schedule 6 sets out provisions relating to the powers of an inspector.

28   239.     Appointment of inspectors
29      (1)   A National Board may appoint the following persons as inspectors --
30              (a)   members of the National Agency's staff;
31              (b)   contractors engaged by the National Agency.

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 1      (2)     An inspector holds office on the conditions stated in the instrument of
 2              appointment.
 3      (3)     If an inspector's appointment provides for a term of appointment, the
 4              inspector ceases holding office at the end of the term.
 5      (4)     An inspector may resign by signed notice of resignation given to the
 6              National Board that appointed the inspector.

 7   240.       Identity card
 8      (1)     A National Board must give an identity card to each inspector it
 9              appoints.
10      (2)     The identity card must --
11                (a)   contain a recent photograph of the inspector; and
12                (b)   be signed by the inspector; and
13                (c)   identify the person as an inspector appointed by the National
14                      Board; and
15                (d)   include an expiry date.
16      (3)     This section does not prevent the issue of a single identity card to a
17              person --
18                (a)   if the person is appointed as an inspector for this Law by
19                      more than one National Board; or
20                (b)   if the person is appointed as an inspector and investigator for
21                      this Law by a National Board; or
22                (c)   for this Law and other Acts.
23      (4)     A person who ceases to be an inspector must give the person's
24              identity card to the National Board that appointed the person within
25              7 days after the person ceases to be an inspector, unless the person has
26              a reasonable excuse.

27   241.       Display of identity card
28      (1)     An inspector may exercise a power in relation to someone else (the
29              other person) only if the inspector --
30                (a)   first produces the inspector's identity card for the other
31                      person's inspection; or


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 1              (b)   has the identity card displayed so it is clearly visible to the
 2                    other person.
 3      (2)   However, if for any reason it is not practicable to comply with
 4            subsection (1) before exercising the power, the inspector must
 5            produce the identity card for the other person's inspection at the first
 6            reasonable opportunity.

 7                          Division 3 -- Legal proceedings

 8   242.     Proceedings for offences
 9            A proceeding for an offence against this Law is to be by way of a
10            summary proceeding before a court of summary jurisdiction.

11   243.     Conduct may constitute offence and be subject of disciplinary
12            proceedings
13      (1)   If a person's behaviour constitutes an offence against this Law or
14            another Act and constitutes professional misconduct, unsatisfactory
15            professional performance or unprofessional conduct under this
16            Law --
17              (a)   the fact that proceedings for an offence have been taken in
18                    relation to the behaviour does not prevent proceedings being
19                    taken before an adjudication body under this Law for the
20                    same behaviour; and
21              (b)   the fact that proceedings have been taken before an
22                    adjudication body under this Law in relation to the conduct
23                    does not prevent proceedings for an offence being taken for
24                    the same behaviour.
25      (2)   If a person's behaviour may be dealt with by a health complaints
26            entity under the law of a participating jurisdiction and constitutes
27            professional misconduct, unsatisfactory professional performance or
28            unprofessional conduct under this Law --
29              (a)   the fact that the behaviour has been dealt with by the health
30                    complaints entity does not prevent proceedings being taken
31                    before an adjudication body under this Law for the same
32                    behaviour; and
33              (b)   the fact that proceedings have been taken before an
34                    adjudication body under this Law in relation to the behaviour


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 1                      does not prevent action being taken by the health complaints
 2                      entity under the law of the participating jurisdiction for the
 3                      same behaviour.

 4   244.       Evidentiary certificates
 5              A certificate purporting to be signed by the chief executive officer of
 6              the National Agency and stating any of the following matters is prima
 7              facie evidence of the matter --
 8                (a)   a stated document is one of the following things made, given,
 9                      issued or kept under this Law --
10                         (i)   an appointment, approval or decision;
11                        (ii)   a notice, direction or requirement;
12                       (iii)   a certificate of registration;
13                       (iv)    a register, or an extract from a register;
14                        (v)    a record, or an extract from a record;
15                (b)   a stated document is another document kept under this Law;
16                (c)   a stated document is a copy of a document mentioned in
17                      paragraph (a) or (b);
18                (d)   on a stated day, or during a stated period, a stated person was
19                      or was not a registered health practitioner or a student;
20                (e)   on a stated day, or during a stated period, a registration or
21                      endorsement was or was not subject to a stated condition;
22                (f)   on a stated day, a registration was suspended or cancelled;
23                (g)   on a stated day, or during a stated period, an appointment as
24                      an investigator or inspector was, or was not, in force for a
25                      stated person;
26                (h)   on a stated day, a stated person was given a stated notice or
27                      direction under this Law;
28                (i)   on a stated day, a stated requirement was made of a stated
29                      person.




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 1                              Division 4 -- Regulations

 2   245.     National regulations
 3      (1)   The Ministerial Council may make regulations for the purposes of this
 4            Law.
 5      (2)   The regulations may provide for any matter that is necessary or
 6            convenient to be prescribed for carrying out or giving effect to this
 7            Law.
 8      (3)   Despite section 7(1)(d) of the Health Practitioner Regulation
 9            National Law (WA) Act 2010, sections 41 and 42 of the Interpretation
10            Act 1984 apply to regulations made under subsection (1).
11      (4)   A regulation commences on the day or days specified in the
12            regulation for its commencement (being not earlier than the date it is
13            published).

14   246.     Parliamentary scrutiny of national regulations
15            Note: Clause 246 of the Health Practitioner Regulation National Law does
16                  not form part of the Health Practitioner Regulation National Law in
17                  Western Australia.

18   247.     Effect of disallowance of national regulation
19            Note: Clause 247 of the Health Practitioner Regulation National Law does
20                  not form part of the Health Practitioner Regulation National Law in
21                  Western Australia.

22                             Division 5 -- Miscellaneous

23   248.     Combined notice may be given
24            If an entity is required under this Law to give another entity (the
25            recipient) notices under more than one provision, the entity may give
26            the recipient a combined notice for the provisions.

27   249.     Fees
28            The National Agency may, in accordance with a health profession
29            agreement entered into with a National Board --
30              (a)    refund a relevant fee paid into the Board's account kept in the
31                     Agency Fund; or

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1              (b)   waive, in whole or in part, a relevant fee payable for a service
2                    provided by the Board; or
3              (c)   require a person who pays a relevant fee late to pay an
4                    additional fee.




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 1                      Part 12 -- Transitional provisions

 2                               Division 1 -- Preliminary

 3   250.     Terms used
 4            In this Part --
 5            commencement day means 1 July 2010;
 6            local registration authority means an entity that had functions under
 7            a law of a participating jurisdiction that included the registration of
 8            persons as health practitioners;
 9            participation day, for a participating jurisdiction, means --
10              (a)   for a health profession other than a relevant health
11                    profession --
12                         (i)   1 July 2010; or
13                      (ii)     the later day on which the jurisdiction became a
14                               participating jurisdiction;
15                    or
16              (b)   for a relevant health profession, 1 July 2012;
17            relevant health profession means --
18              (a)   Aboriginal and Torres Strait Islander health practice; or
19              (b)   Chinese medicine; or
20              (c)   medical radiation practice; or
21              (d)   occupational therapy;
22            repealed Law means the Health Practitioner Regulation
23            (Administrative Arrangements) National Law set out in the Schedule
24            to the Health Practitioner Regulation (Administrative Arrangements)
25            National Law Act 2008 (Queensland).

26   251.     References to registered health practitioners
27      (1)   A reference in an Act of a participating jurisdiction, or another
28            instrument, to the Health Practitioner Regulation (Administrative
29            Arrangements) National Law may, if the context permits, be taken to
30            be a reference to this Law.



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 1      (2)     A reference in an Act of a participating jurisdiction, or another
 2              instrument, to a health practitioner registered in a health profession
 3              under a corresponding prior Act may, if the context permits, be taken
 4              after the participation day to be a reference to a health practitioner
 5              registered in the health profession under this Law.
 6                           Division 2 -- Ministerial Council
 7   252.       Directions given by Ministerial Council
 8              A direction given by the Ministerial Council to the National Agency
 9              or a National Board under the repealed Law, and in force immediately
10              before the commencement day, is taken from the commencement day
11              to be a direction given by the Ministerial Council under this Law.
12   253.       Accreditation functions exercised by existing accreditation entities
13      (1)     This section applies to an entity that, immediately before the
14              commencement day, was an entity appointed by the Ministerial
15              Council under the repealed Law to exercise functions with respect to
16              accreditation for a health profession under the national registration
17              and accreditation scheme.
18      (2)     From the commencement day, the entity is taken to have been
19              appointed under this Law to exercise the functions for the health
20              profession.
21      (3)     An accreditation standard approved by the entity for a health
22              profession, and in force immediately before the commencement day,
23              is taken to be an approved accreditation standard for the health
24              profession under this Law.
25      (4)     The National Board established for the health profession must, not
26              later than 3 years after the commencement day, review the
27              arrangements for the exercise of accreditation functions for the health
28              profession.
29      (5)     The National Board must ensure the process for the review includes
30              wide-ranging consultation about the arrangements for the exercise of
31              the accreditation functions.
32      (6)     If an entity is taken under subsection (2) to have been appointed to
33              exercise an accreditation function for a health profession, the National
34              Board established for the profession must not, before the day that is
35              3 years after the commencement day, end that entity's appointment.

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




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 1   258.       Service agreement
 2      (1)     This section applies if, immediately before the participation day for a
 3              participating jurisdiction --
 4                (a)     a local registration authority in that jurisdiction exercised
 5                        functions in relation to related health professionals; or
 6                (b)     a local registration authority in that jurisdiction was a party to
 7                        a service agreement for an entity to provide administrative or
 8                        operational support to the authority and the entity also
 9                        provided support under a service agreement to an authority
10                        that registers related health professionals.
11      (2)     From the participation day for the participating jurisdiction, the
12              National Agency may enter into an agreement with the authority that
13              is responsible for registering the related health professionals to
14              provide services to the authority.
15      (3)     In this section --
16              related health professionals means persons who practise a profession
17              providing health services that is not a health profession under this
18              Law.

19                      Division 5 -- Agency Management Committee

20   259.       Members of Agency Management Committee
21      (1)     A person who was, immediately before the commencement day, a
22              member of the Australian Health Practitioner Regulation Agency
23              Management Committee under the repealed Law is taken to be a
24              member of the Agency Management Committee appointed under this
25              Law.
26      (2)     Without limiting subsection (1), a member of the Agency
27              Management Committee continues to hold office --
28                (a)     on the same terms and conditions that applied to the person's
29                        appointment under the repealed Law; and
30                (b)     until the day the member's term of appointment under the
31                        repealed Law would have ended or the earlier day the
32                        member otherwise vacates office under this Law.




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 1      (3)      The person who, immediately before the commencement day, held
 2               office as Chairperson of the Australian Health Practitioner Regulation
 3               Agency Management Committee under the repealed Law continues to
 4               hold office as Chairperson of the Agency Management Committee
 5               under this Law.

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

 7   260.       Chief executive officer
 8               The person who, immediately before the commencement day, held
 9               office as chief executive officer of the Australian Health Practitioner
10               Regulation Agency under the repealed Law is taken, from the
11               commencement day, to have been appointed as the chief executive
12               officer of the National Agency under this Law on the same terms and
13               conditions that applied to the person's appointment under the repealed
14               Law.

15   261.        Staff
16      (1)      A person who, immediately before the commencement day, was
17               employed by the Australian Health Practitioner Regulation Agency
18               under the repealed Law is taken, from the commencement day, to
19               have been employed by the National Agency under this Law.
20      (2)      A secondment arrangement in force immediately before the
21               commencement day is taken, from the commencement day, to have
22               been made by the National Agency under this Law.
23      (3)      In this section --
24               secondment arrangement means an arrangement made under the
25               repealed Law by the Australian Health Practitioner Regulation
26               Agency for the services of any staff of a government agency of a
27               participating jurisdiction or the Commonwealth.

28   262.        Consultants and contractors
29               A person who, immediately before the commencement day, was a
30               consultant or contractor engaged by the Australian Health Practitioner
31               Regulation Agency under the repealed Law is taken, from the
32               commencement day, to have been engaged by the National Agency
33               under this Law.


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 1                                 Division 7 -- Reports

 2   263.       Annual report
 3              Sections 35 and 36 of the repealed Law continue to apply to the
 4              preparation and submission of the first annual report of the Australian
 5              Health Practitioner Regulation Agency as if this Law had not
 6              commenced.

 7                            Division 8 -- National Boards

 8   264.       Members of National Boards
 9      (1)     A person who was, immediately before the commencement day, a
10              member of a National Health Practitioner Board under the repealed
11              Law is taken to be a member of the National Board of the same name
12              under this Law.
13      (2)     Without limiting subsection (1), a member of a National Board holds
14              office --
15                (a)   on the same terms and conditions that applied to the person's
16                      appointment under the repealed Law; and
17                (b)   until the day the member's term of appointment under the
18                      repealed Law would have ended or the earlier day the
19                      member otherwise vacates office under this Law.
20      (3)     A person who, immediately before the commencement day, held
21              office as Chairperson of a National Health Practitioner Board is taken,
22              from the commencement day, to hold office as Chairperson of the
23              National Board of the same name.

24   265.       Committees
25      (1)     From the commencement day, a committee established by a National
26              Health Practitioner Board under the repealed Law and in existence
27              immediately before the commencement day is taken to be a
28              committee established under this Law by the National Board of the
29              same name.
30      (2)     A person who, immediately before the commencement day, held
31              office as a member of a committee established by a National Health
32              Practitioner Board under the repealed Law is taken, from the


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                                             Transitional provisions    Part 12
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 1            commencement day, to hold office as a member of the committee as
 2            continued in existence under subsection (1).

 3   266.     Delegation
 4      (1)   This section applies if, under the repealed Law --
 5              (a)   a National Health Practitioner Board had delegated any of its
 6                    functions to a committee or the Australian Health Practitioner
 7                    Regulation Agency and the delegation was in force
 8                    immediately before the commencement day; or
 9              (b)   the Australian Health Practitioner Regulation Agency had
10                    subdelegated a function delegated to it by a National Health
11                    Practitioner Board to a member of the Agency's staff and the
12                    subdelegation was in force immediately before the
13                    commencement day.
14      (2)   From the commencement day, the delegation or subdelegation
15            continues as if it were a delegation or subdelegation under this Law.

16                            Division 9 -- Agency Fund

17   267.     Agency Fund
18            From the commencement day, the Australian Health Practitioner
19            Regulation Agency Fund established by the repealed Law is taken to
20            be the Agency Fund established by this Law.

21                              Division 10 -- Offences

22   268.     Offences
23            Proceedings for an offence against the repealed Law may be started or
24            continued as if this Law had not commenced.

25                            Division 11 -- Registration

26   269.     General registration
27      (1)   This section applies to a person who, immediately before the
28            participation day for a participating jurisdiction, held general
29            registration (however described) in a health profession under the law
30            of that jurisdiction.


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 1      (2)     From the participation day, the person is taken to hold general
 2              registration under this Law in the health profession.
 3      (3)     In this section --
 4              general registration includes --
 5                (a)   full registration, unconditional registration and registration
 6                      without conditions; and
 7                (b)   enrolment, unconditional enrolment and enrolment without
 8                      conditions.

 9   270.       Specialist registration
10      (1)     This section applies if --
11                (a)   immediately before the participation day for a participating
12                      jurisdiction, a person was a specialist health practitioner in a
13                      specialty in a health profession under the law of that
14                      jurisdiction; and
15                (b)   from the participation day --
16                         (i)   the specialty is a recognised specialty in the health
17                               profession under this Law; or
18                        (ii)   a recognised specialty in the health profession under
19                               this Law includes, or is equivalent to, the specialty.
20      (2)     From the participation day, the person is taken to hold specialist
21              registration in the recognised specialty in the health profession under
22              this Law.
23      (3)     In this section --
24              corresponding purpose means a purpose that is equivalent to, or
25              substantially equivalent to, a purpose for which limited registration
26              may be granted under this Law;
27              specialist health practitioner, in a specialty in a health profession,
28              means a person who held specialist registration in, or was endorsed or
29              otherwise authorised to practise, the specialty in the health profession
30              but does not include a person who held registration to practise the
31              profession only for a corresponding purpose.




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                                             Transitional provisions    Part 12
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 1   271.     Provisional registration
 2      (1)   This section applies to a person who, immediately before the
 3            participation day for a participating jurisdiction, held registration
 4            (however described) under a law of that jurisdiction to enable the
 5            person to complete a period of supervised practice or internship in a
 6            health profession required for the person to be eligible for general
 7            registration (however described) in the profession.
 8      (2)   From the participation day, the person is taken to hold provisional
 9            registration in the health profession under this Law.

10   272.     Limited registration
11      (1)   This section applies to a person who, immediately before the
12            participation day for a participating jurisdiction, held a type of
13            registration (however described) in a health profession under the law
14            of that jurisdiction that was granted for the practice of the health
15            profession only for a corresponding purpose.
16      (2)   From the participation day, the person is taken to hold limited
17            registration in the health profession for that purpose under this Law.
18      (3)   In this section --
19            corresponding purpose means a purpose that is equivalent to, or
20            substantially equivalent to, a purpose for which limited registration
21            may be granted under this Law.

22   273.     Limited registration (public interest-occasional practice)
23      (1)   This section applies to a person who, immediately before the
24            participation day for a participating jurisdiction, held a type of
25            registration (however described) in a health profession under the law
26            of that jurisdiction that was granted --
27              (a)   subject to the following conditions limiting the scope of the
28                    person's practice of the profession --
29                       (i)   the person must not practise the profession other
30                             than --
31                                (I)    to refer a person to another registered
32                                       health practitioner; or




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 1                                  (II)   to prescribe scheduled medicines in
 2                                         specified circumstances;
 3                        (ii)   the person must not receive a fee or other benefit for
 4                               providing a service referred to in subparagraph (i);
 5                      or
 6                (b)   on the basis the person had indicated the person was retired
 7                      from regular practice and intended only to practise on an
 8                      occasional basis.
 9      (2)     From the participation day, the person is taken to hold limited
10              registration in the public interest under this Law for the limited scope
11              that applied to the person's practice of the health profession
12              immediately before the participation day.

13   274.       Non-practicing registration
14      (1)     This section applies to a person who, immediately before the
15              participation day for a participating jurisdiction, held a type of
16              registration (however described) in a health profession under the law
17              of that jurisdiction that was granted subject to the condition that the
18              person must not practise the profession.
19      (2)     From the participation day, the person is taken to hold non-practicing
20              registration in the health profession under this Law.

21   275.       Registration for existing registered students
22      (1)     This section applies if, immediately before the participation day for a
23              participating jurisdiction, a person held registration as a student in a
24              health profession under the law of that jurisdiction.
25      (2)     From the participation day, the person is taken to hold student
26              registration in the health profession under this Law.

27   276.       Registration for new students
28      (1)     This section applies in relation to a person who, immediately before
29              the participation day for a participating jurisdiction --
30                (a)   was a student undertaking a programme of study, provided by
31                      an education provider located in the jurisdiction, that from the
32                      participation day is an approved programme of study for a
33                      health profession; and

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 1              (b)   was not required under the law of that jurisdiction to be
 2                    registered as a student in the health profession to undertake
 3                    the programme of study or any part of the programme,
 4                    including any clinical training or other practice of the
 5                    profession related to undertaking the programme.
 6      (2)   Despite Part 7 Division 7, the National Board established for the
 7            health profession is not required before 1 March 2011 to register the
 8            student in the profession.

 9   277.     Other registrations
10      (1)   This section applies if --
11              (a)   immediately before the participation day for a participating
12                    jurisdiction, a class of persons held a type of registration in,
13                    or was endorsed or otherwise authorised to practise, a health
14                    profession under the law of that jurisdiction; and
15              (b)   from the participation day, persons in that class are not
16                    registered, endorsed or otherwise authorised to practise the
17                    profession by another provision of this Division.
18      (2)   From the participation day, persons in that class are taken to hold the
19            type of registration in the health profession that is specified for the
20            class of persons in the registration transition plan prepared under
21            subsection (3) by the National Board established for that profession.
22      (3)   Before the participation day, each National Board must prepare a
23            registration transition plan that includes details of the type of
24            registration that is to be held under this Law by a class of persons
25            referred to in subsection (1).
26      (4)   In preparing a registration transition plan, a National Board must --
27              (a)   comply with any directions given by the Ministerial Council
28                    that are relevant to the transitional arrangements for the
29                    registration of the class of persons; and
30              (b)   have regard to the principle that persons in the class are to be
31                    given the widest possible scope of practice of the profession
32                    that is consistent with --
33                       (i)   the authority the class of persons had to practise the
34                             profession before the participation day; and
35                      (ii)   the protection of the safety of the public.

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 1   278.       Endorsements
 2      (1)     This section applies to a person who, immediately before the
 3              participation day for a participating jurisdiction --
 4                (a)   held a type of registration in that jurisdiction in a health
 5                      profession for a corresponding purpose; or
 6                (b)   held general registration in that jurisdiction in a health
 7                      profession that had been endorsed for a corresponding
 8                      purpose.
 9      (2)     From the participation day, the person is taken to hold general
10              registration in the health profession that has been endorsed under this
11              Law for the purpose that is equivalent to, or substantially equivalent
12              to, the corresponding purpose.
13      (3)     In this section --
14              corresponding purpose means a purpose that is equivalent to, or
15              substantially equivalent to, a purpose for which an endorsement may
16              be granted under this Law.

17   279.       Conditions imposed on registration or endorsement
18      (1)     This section applies if --
19                (a)   a person is taken to be registered under this Law, or the
20                      person's registration under this Law is taken to be endorsed,
21                      because of the person's registration or endorsement under the
22                      law of a participating jurisdiction before the participation day
23                      for the jurisdiction; and
24                (b)   the person's registration or endorsement under the law of that
25                      jurisdiction was, immediately before the participation day,
26                      subject to a condition --
27                         (i)   whether described as a condition, restriction or
28                               otherwise; and
29                        (ii)   whether imposed by or under an Act of that
30                               jurisdiction.
31      (2)     From the participation day, the person's registration or endorsement
32              under this Law is taken to be subject to the same condition.




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 1   280.     Expiry of registration and endorsement
 2      (1)   This section applies if, under this Division, a person is taken to be
 3            registered under this Law because of the person's registration or
 4            endorsement under the law of a participating jurisdiction.
 5      (2)   The person's registration, and any endorsement of the registration,
 6            expires on --
 7              (a)   if the person was registered in more than one participating
 8                    jurisdiction, the end of the latest day on which under the law
 9                    of a participating jurisdiction --
10                         (i)   any of the registrations would have expired; or
11                      (ii)     an annual registration fee for any of the registrations
12                               would have become payable;
13                    or
14              (b)   otherwise, at the end of the day on which under the law of the
15                    participating jurisdiction --
16                         (i)   the registration would have expired; or
17                      (ii)     an annual registration fee for the registration would
18                               have become payable.
19      (3)   Subsection (2) does not prevent a National Board suspending or
20            cancelling the person's registration under this Law.

21   281.     Protected titles for certain specialist health practitioners
22      (1)   This section applies if --
23              (a)   immediately before the participation day for a participating
24                    jurisdiction, a person held specialist registration in a health
25                    profession in that jurisdiction; and
26              (b)   on the participation day the health profession is not a
27                    profession for which specialist recognition operates under this
28                    Law.
29      (2)   Despite section 118, the person does not commit an offence during the
30            transition period merely because the person takes or uses --
31              (a)   the title "specialist health practitioner"; or




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 1                (b)   another title the person was entitled to use under the law of
 2                      the participating jurisdiction as in force immediately before
 3                      the participation day.
 4      (3)     In this section --
 5              transition period means the period --
 6                (a)    starting at the beginning of the commencement day; and
 7                (b)   ending at the end of the day that is 3 years after the
 8                      commencement day.

 9   282.       First renewal of registration or endorsement
10      (1)     This section applies if --
11                (a)   a health practitioner's registration or endorsement expires
12                      under section 280; and
13                (b)   the National Board decides to renew the health practitioner's
14                      registration or endorsement under section 112.
15      (2)     Despite section 112(6), the National Board may decide that the period
16              for which the registration or endorsement is renewed is a period of not
17              more than 2 years.

18   283.       Programmes of study
19      (1)     This section applies if, immediately before the participation day for a
20              participating jurisdiction, a programme of study provided a
21              qualification for registration in a health profession in that jurisdiction.
22      (2)     From the participation day, the programme of study is taken to be an
23              approved programme of study for that health profession as if it had
24              been approved under this Law.
25      (3)     The National Agency must, as soon as practicable after the
26              participation day, include an approved programme of study under
27              subsection (2) in the list published under section 49(5).




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 1   284.     Exemption from requirement for professional indemnity
 2            insurance arrangements for midwives practising private
 3            midwifery
 4      (1)   During the transition period, a midwife does not contravene
 5            section 129(1) merely because the midwife practises private
 6            midwifery if --
 7              (a)   the practice occurs in a participating jurisdiction in which,
 8                    immediately before the participation day for that jurisdiction,
 9                    a person was not prohibited from attending homebirths in the
10                    course of practising midwifery unless professional indemnity
11                    insurance arrangements were in place; and
12              (b)   informed consent has been given by the woman in relation to
13                    whom the midwife is practising private midwifery; and
14              (c)   the midwife complies with any requirements set out in a code
15                    or guideline approved by the National Board under section 39
16                    about the practice of private midwifery, including --
17                       (i)   any requirement in a code or guideline about reports
18                             to be provided by midwives practising private
19                             midwifery; and
20                      (ii)   any requirement in a code or guideline relating to the
21                             safety and quality of the practice of private
22                             midwifery.
23      (2)   A midwife who practises private midwifery under this section is not
24            required to include in an annual statement under section 109 a
25            declaration required by subsection (1)(a)(iv) and (v) of that section in
26            relation to the midwife's practice of private midwifery during a period
27            of registration that is within the transition period.
28      (3)   For the purposes of this section, the transition period --
29              (a)   starts on 1 July 2010; and
30              (b)   ends on the prescribed day.
31      (4)   If the National Board decides appropriate professional indemnity
32            arrangements are available in relation to the practice of private
33            midwifery, the Board may recommend to the Ministerial Council that
34            the transition period, and the exemption provided by this section
35            during the transition period, should end.


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 1      (5)     In this section --
 2              homebirth means a birth in which the mother gives birth at her own
 3              home or another person's home;
 4              informed consent means written consent given by a woman after she
 5              has been given a written statement by a midwife that includes --
 6                (a)   a statement that appropriate professional indemnity insurance
 7                      arrangements will not be in force in relation to the midwife's
 8                      practice of private midwifery; and
 9                (b)   any other information required by the National Board;
10              midwife means a person whose name is included in the Register of
11              Midwives kept by the National Board;
12              National Board means the Nursing and Midwifery Board of
13              Australia;
14              private midwifery means practising the nursing and midwifery
15              profession --
16                (a)   in the course of attending a homebirth; and
17                (b)   without appropriate professional indemnity insurance
18                      arrangements being in force in relation to that practice; and
19                (c)   other than as an employee of an entity;
20              transition period means the period referred to in subsection (3).

21            Division 12 -- Applications for registration and endorsement

22   285.       Applications for registration
23      (1)     This section applies if, immediately before the participation day for a
24              participating jurisdiction, an application for registration or renewal of
25              registration in a health profession had been made to a local
26              registration authority for the jurisdiction but not decided.
27      (2)     From the participation day, the application is taken to have been made
28              under this Law to the National Board for the health profession.

29   286.       Applications for endorsement
30      (1)     This section applies if, immediately before the participation day for a
31              participating jurisdiction, an application for endorsement or renewal
32              of an endorsement of a registration in a health profession had been


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 1            made to a local registration authority for the jurisdiction but not
 2            decided.
 3      (2)   From the participation day, the application is taken to have been made
 4            under this Law to the National Board for the health profession.

 5   287.     Disqualifications and conditions relevant to applications for
 6            registration
 7      (1)   This section applies if --
 8              (a)   under a corresponding prior Act or another law of a
 9                    participating jurisdiction, a person's registration in a health
10                    profession had been cancelled in that jurisdiction by an entity;
11                    and
12              (b)   in cancelling the person's registration the entity also made
13                    any of the following decisions --
14                       (i)   a decision to set a period during which the person
15                             was disqualified from applying for registration, or
16                             being registered, in a health profession in the
17                             participating jurisdiction;
18                      (ii)   a decision to set conditions under which the person
19                             might reapply for registration in the profession;
20                     (iii)   a decision to set conditions that must be imposed on
21                             any future registration of the person in the profession;
22                    and
23              (c)   immediately before the participation day, the decision was
24                    still in force.
25      (2)   From the participation day, the decision continues as if it had been
26            made under this Law by the responsible tribunal for the participating
27            jurisdiction.

28      Division 13 -- Complaints, notifications and disciplinary proceedings

29   288.     Complaints and notifications made but not being dealt with on
30            participation day
31      (1)   This section applies if, immediately before the participation day for a
32            participating jurisdiction, a local registration authority for the
33            jurisdiction had received but not started dealing with a complaint or


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 1              notification about a person registered in a health profession by the
 2              authority.
 3      (2)     From the participation day, the complaint or notification is taken to be
 4              a notification made under this Law to the National Agency.
 5      (3)     This section does not apply to a co-regulatory jurisdiction.
 6   289.       Complaints and notifications being dealt with on participation
 7              day
 8      (1)     This section applies if, immediately before the participation day for a
 9              participating jurisdiction, a local registration authority for the
10              jurisdiction had started but not completed dealing with a complaint or
11              notification about a person registered in a health profession by the
12              authority.
13      (2)     From the participation day --
14                (a)   the complaint or notification is taken to be a notification
15                      made under this Law and is to be dealt with by the National
16                      Board for the health profession; and
17                (b)   the notification is to continue to be dealt with under the Act
18                      of the participating jurisdiction under which it was made, and
19                      any proceedings or appeal relating to the notification may be
20                      dealt with, as if that Act had not been repealed.
21      (3)     For the purposes of this section, the Act of the participating
22              jurisdiction applies --
23                (a)   as if a reference to the local registration authority were a
24                      reference to the National Board; and
25                (b)   with any other changes that are necessary or convenient.
26      (4)     The National Board must give effect to a decision made on an inquiry,
27              investigation, proceeding or appeal completed under the Act of the
28              participating jurisdiction as if it were a decision under this Law.
29      (5)     This section does not apply to a co-regulatory jurisdiction.
30   290.       Effect of suspension
31      (1)     This section applies if --
32                (a)   because of another provision of this Part, a person is taken to
33                      be registered under this Law; and

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 1              (b)    immediately before the participation day for the participating
 2                     jurisdiction in which the person was registered under a
 3                     corresponding prior Act, the person's registration was
 4                     suspended under a law of that jurisdiction.
 5      (2)   From the participation day, the person's registration is taken to have
 6            been suspended under this Law.

 7   291.     Undertakings and other agreements
 8      (1)   This section applies if, immediately before the participation day for a
 9            participating jurisdiction, an undertaking or other agreement between
10            a person registered under a corresponding prior Act and the local
11            registration authority for a health profession was in force.
12      (2)   From the participation day, the undertaking or other agreement is
13            taken to have been entered into under this Law between the person
14            and the National Board established for the health profession.

15   292.     Orders
16      (1)   This section applies if --
17              (a)    under a corresponding prior Act of a participating
18                     jurisdiction, an adjudication body had, at the end of a
19                     proceeding before the adjudication body about a health
20                     practitioner's practice or conduct, ordered the health
21                     practitioner to do, or refrain from doing, something; and
22              (b)    immediately before the participation day, the order was still
23                     in force.
24      (2)   From the participation day, the order continues in force as if it had
25            been made under this Law.
26      (3)   In this section --
27            adjudication body means a court, tribunal, panel or local registration
28            authority.

29   293.     List of approved persons
30      (1)   This section applies if, immediately before the participation day for a
31            participating jurisdiction, a person was appointed as a member of a
32            list of persons approved to be appointed as members of a body that
33            exercised functions that correspond to a panel for a health profession.

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 1      (2)     From the participation day, the person is taken to have been appointed
 2              by the National Board established for the health profession to the list
 3              kept by that Board under section 183.

 4                      Division 14 -- Local registration authority

 5   294.       Term used: transfer day
 6              In this Division --
 7              transfer day, for a participating jurisdiction, means --
 8                (a)   for a health profession other than a relevant health
 9                      profession --
10                           (i)   1 July 2010; or
11                        (ii)     the later day on which the jurisdiction became a
12                                 participating jurisdiction;
13                      or
14                (b)   for a relevant health profession, 1 July 2012.

15   295.       Assets and liabilities
16      (1)     From the transfer day for a participating jurisdiction --
17                (a)   the assets and liabilities of a local registration authority for a
18                      health profession in a participating jurisdiction are taken to be
19                      assets and liabilities of the National Agency and are to be
20                      paid into or out of the account kept in the Agency Fund for
21                      the National Board established for the profession; and
22                (b)   any contract, other than an employment contract, entered into
23                      by or on behalf of the local registration authority and all
24                      guarantees, undertakings and securities given by or on behalf
25                      of the authority, in force immediately before the participation
26                      day, are taken to have been entered into or given by or to the
27                      National Agency and may be enforced against or by the
28                      Agency; and
29                (c)   any property that, immediately before the participation day,
30                      was held on trust, or subject to a condition, by the local
31                      registration authority continues to be held by the National
32                      Agency on the same trust, or subject to the same condition
33                      and is to be paid into the account kept in the Agency Fund for
34                      the National Board.

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 1      (2)   In this section --
 2            employment contract means either of the following under which a
 3            person is employed --
 4              (a)   a contract of employment;
 5              (b)   a contract for services.

 6   296.     Records relating to registration and accreditation
 7      (1)   This section applies to a record of a local registration authority for a
 8            health profession in a participating jurisdiction that relates to the
 9            authority's functions in relation to the following --
10              (a)   the registration of individuals;
11              (b)   complaints and notifications about, and proceedings against,
12                    individuals who are or were registered;
13              (c)   accreditation of courses that qualify individuals for
14                    registration.
15      (2)   From the transfer day for the participating jurisdiction, the record is
16            taken to be a record of the National Board for the health profession.

17   297.     Financial and administrative records
18      (1)   This section applies to a record of a local registration authority in a
19            participating jurisdiction that relates to the authority's financial or
20            administrative functions.
21      (2)   From the transfer day for the participating jurisdiction, the record is
22            taken to be a record of the National Agency.

23   298.     Pharmacy businesses and premises
24            Sections 295 to 297 do not apply to an asset, liability, contract,
25            property or record of a local registration authority that relates to the
26            regulation of a pharmacy business, pharmacy premises, a pharmacy
27            department or any other pharmacy-related entity that is not an
28            individual.




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     s. 299



 1   299.       Members of local registration authority
 2      (1)     This section applies if, in anticipation of a jurisdiction becoming a
 3              participating jurisdiction, a National Board established for a health
 4              profession establishes a State or Territory Board for the jurisdiction.
 5      (2)     A person who, immediately before the State or Territory Board was
 6              established, was a member of the local registration authority for the
 7              profession in the participating jurisdiction is taken to be a member of
 8              the State or Territory Board.
 9      (3)     Section 36(5) and (6) do not apply to the membership of a State or
10              Territory Board for a jurisdiction for 12 months after the jurisdiction
11              becomes a participating jurisdiction.
12              Note: Section 36(5) and (6) provide requirements for the number of
13                    practitioner members and community members required by a State or
14                    Territory Board.

15       Division 15 -- Staged commencement for certain health professions

16   300.       Application of Law to relevant health profession between
17              commencement and 1 July 2012
18      (1)     This Law does not apply with respect to a relevant health profession
19              during the period starting on the commencement day and ending on
20              30 June 2011.
21      (2)     The following Parts of this Law do not apply with respect to a
22              relevant health profession during the period starting on 1 July 2011
23              and ending on 30 June 2012 --
24                (a)   Part 7, other than Division 10;
25                (b)   Parts 8 to 11.
26      (3)     Despite subsection (2)(a), a person does not commit an offence
27              against a provision of Part 7 Division 10 merely because, before
28              1 July 2012, the person --
29                (a)   takes or uses a title, name, initial, symbol, word or
30                      description that, having regard to the circumstances in which
31                      it is taken or used, indicates or could be reasonably
32                      understood to indicate that the person is authorised or
33                      qualified to practise in a relevant health profession; or



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 1              (b)   uses a title that is listed in the Table to section 113 opposite a
 2                    relevant health profession.

 3   301.     Ministerial Council may appoint external accreditation entity
 4      (1)   The Ministerial Council may appoint an entity, other than a
 5            committee established by a National Board, to exercise an
 6            accreditation function for a relevant health profession.
 7      (2)   Without limiting subsection (1), an entity that accredited courses for
 8            the purposes of registration in a relevant health profession under a
 9            corresponding prior Act may be appointed to exercise an accreditation
10            function for the profession under this Law.
11      (3)   The National Board established for the health profession must, not
12            later than 1 July 2015, review the arrangements for the exercise of the
13            accreditation functions for the health profession.
14      (4)   The National Board must ensure the process for the review includes
15            wide-ranging consultation about the arrangements for the exercise of
16            the accreditation functions.
17      (5)   If an entity is appointed under subsection (1) to exercise an
18            accreditation function for a health profession, the National Board
19            established for the profession must not, before 1 July 2015, end that
20            entity's appointment.

21   302.     Application of Law to appointment of first National Board for
22            relevant professions
23            Despite section 34(2), a person is eligible for appointment as a
24            practitioner member of the first National Board for a relevant health
25            profession if the person --
26              (a)   is registered in the profession under a law of a participating
27                    jurisdiction; or
28              (b)   holds a qualification that entitles the person to registration in
29                    the profession under a law of a participating jurisdiction; or
30              (c)   is otherwise eligible to apply for or hold registration in the
31                    profession under the law of a participating jurisdiction.




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     Part 12          Transitional provisions
     s. 303



 1   303.       Qualifications for general registration in relevant profession
 2      (1)     For the purposes of section 52(1)(a), an individual who applies for
 3              registration in a relevant health profession before 1 July 2015 is
 4              qualified for general registration in the profession if the individual --
 5                (a)   holds a qualification or has completed training in the
 6                      profession, whether in a participating jurisdiction or
 7                      elsewhere, that the National Board established for the
 8                      profession considers is adequate for the purposes of
 9                      practicing the profession; or
10                (b)   holds a qualification or has completed training in the
11                      profession, whether in a participating jurisdiction or
12                      elsewhere, and has completed any further study, training or
13                      supervised practice in the profession required by the Board
14                      for the purposes of this section; or
15                (c)   has practised the profession at any time between 1 July 2002
16                      and 30 June 2012 for a consecutive period of 5 years or for
17                      any periods which together amount to 5 years.
18      (2)     This section applies despite section 53.

19   304.       Relationship with other provisions of Law
20              This Division applies despite any other provision of this Law but does
21              not affect the operation of Schedule 7 clause 30.

22                 Division 16 -- Savings and transitional regulations

23   305.       Savings and transitional regulations
24      (1)     The regulations may contain provisions (savings and transitional
25              provisions) of a savings or transitional nature --
26                (a)   consequent on the enactment of this Law in a participating
27                      jurisdiction; or
28                (b)   to otherwise allow or facilitate the change from the operation
29                      of a law of the participating jurisdiction relating to health
30                      practitioners to the operation of this Law.
31      (2)     Savings and transitional provisions may have retrospective operation
32              to a day not earlier than the participation day for that participating
33              jurisdiction.


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                                        Transitional provisions    Part 12
                                                                     s. 305



1   (3)   This section and any savings and transitional provisions expire on
2         30 June 2015.




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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 1       Constitution and procedure of Advisory Council
     cl. 1




 1        Schedule 1 -- Constitution and procedure of Advisory Council
 2                                                                               [s. 22]

 3                                   Part 1 -- General

 4   1.         Terms used
 5              In this Schedule --
 6              Chairperson means the Chairperson of the Advisory Council;
 7              member means a member of the Advisory Council.

 8                                Part 2 -- Constitution

 9   2.         Terms of office of members
10              Subject to this Schedule, a member holds office for the period (not
11              exceeding 3 years) specified in the member's instrument of
12              appointment, but is eligible (if otherwise qualified) for reappointment.

13   3.         Remuneration
14              A member is entitled to be paid such remuneration (including
15              travelling and subsistence allowances) as the Ministerial Council may
16              from time to time determine with respect to the member.

17   4.         Vacancy in office of member
18        (1)   The office of a member becomes vacant if the member --
19                (a)   completes the member's term of office; or
20                (b)   resigns the office by instrument in writing addressed to the
21                      Chairperson of the Ministerial Council; or
22                (c)   is removed from office by the Chairperson of the Ministerial
23                      Council under this clause; or
24                (d)   dies.
25        (2)   The Chairperson of the Ministerial Council may remove a member
26              from office if --
27                (a)   the member has been found guilty of an offence (whether in a
28                      participating jurisdiction or elsewhere) that, in the opinion of


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                        Constitution and procedure of Advisory Council Schedule 1
                                                                               cl. 5



 1                       the Chairperson of the Ministerial Council, renders the
 2                       member unfit to continue to hold the office of member; or
 3                (b)    the member ceases to be a registered health practitioner as a
 4                       result of the member's misconduct, impairment or
 5                       incompetence; or
 6                (c)    the Advisory Council recommends the removal of the
 7                       member, on the basis that the member has engaged in
 8                       misconduct or has failed or is unable to properly exercise the
 9                       member's functions as a member.
10        (3)   In addition, the Chairperson of the Ministerial Council may remove
11              the Chairperson of the Advisory Council from office as a member if
12              the Chairperson of the Advisory Council becomes a registered health
13              practitioner.

14   5.         Extension of term of office during vacancy in membership
15        (1)   If the office of a member becomes vacant because the member has
16              completed the member's term of office, the member is taken to
17              continue to be a member during that vacancy until the date on which
18              the vacancy is filled (whether by reappointment of the member or
19              appointment of a successor to the member).
20        (2)   However, this clause ceases to apply to the member if --
21                (a)    the member resigns the member's office by instrument in
22                       writing addressed to the Chairperson of the Ministerial
23                       Council; or
24                (b)    the Chairperson of the Ministerial Council determines that the
25                       services of the member are no longer required.
26        (3)   The maximum period for which a member is taken to continue to be a
27              member under this clause after completion of the member's term of
28              office is 6 months.

29   6.         Disclosure of conflict of interest
30        (1)   If --
31                (a)    a member has a direct or indirect pecuniary or other interest
32                       in a matter being considered or about to be considered at a
33                       meeting of the Advisory Council; and



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     Schedule 1       Constitution and procedure of Advisory Council
     cl. 7



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

26                                  Part 3 -- Procedure

27   7.         General procedure
28              The procedure for the calling of meetings of the Advisory Council
29              and for the conduct of business at those meetings is, subject to this
30              Law, to be as determined by the Advisory Council.




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                         Constitution and procedure of Advisory Council Schedule 1
                                                                                cl. 8



 1   8.          Quorum
 2               The quorum for a meeting of the Advisory Council is a majority of its
 3               members for the time being.

 4   9.          Presiding member
 5               The Chairperson (or, in the absence of the Chairperson, a person
 6               elected by the members of the Advisory Council who are present at a
 7               meeting of the Advisory Council) is to preside at a meeting of the
 8               Advisory Council.

 9   10.         Transaction of business outside meetings or by
10               telecommunication
11         (1)   The Advisory Council may, if it thinks fit, transact any of its business
12               by the circulation of papers among all the members of the Advisory
13               Council for the time being, and a resolution in writing approved in
14               writing by a majority of those members is taken to be a decision of the
15               Advisory Council.
16         (2)   The Advisory Council may, if it thinks fit, transact any of its business
17               at a meeting at which members (or some members) participate by
18               telephone, closed-circuit television or other means, but only if any
19               member who speaks on a matter before the meeting can be heard by
20               the other members.
21         (3)   For the purposes of --
22                 (a)    the approval of a resolution under subclause (1); or
23                 (b)    a meeting held in accordance with subclause (2),
24               the Chairperson and each member have the same voting rights as they
25               have at an ordinary meeting of the Advisory Council.
26         (4)   Papers may be circulated among the members for the purposes of
27               subclause (1) by facsimile, email or other transmission of the
28               information in the papers concerned.

29   11.         First meeting
30               The Chairperson may call the first meeting of the Advisory Council in
31               any manner the Chairperson thinks fit.



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     Health Practitioner Regulation National Law (WA) Bill 2010
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     Schedule 2       Agency Management Committee
     cl. 1



 1                Schedule 2 -- Agency Management Committee
 2                                                                               [s. 29]

 3                                   Part 1 -- General

 4   1.         Terms used
 5              In this Schedule --
 6              Chairperson means the Chairperson of the Committee;
 7              Committee means the Agency Management Committee;
 8              member means a member of the Committee.

 9                                Part 2 -- Constitution

10   2.         Terms of office of members
11              Subject to this Schedule, a member holds office for the period (not
12              exceeding 3 years) specified in the member's instrument of
13              appointment, but is eligible (if otherwise qualified) for reappointment.

14   3.         Remuneration
15              A member is entitled to be paid such remuneration (including
16              travelling and subsistence allowances) as the Ministerial Council may
17              from time to time determine with respect to the member.

18   4.         Vacancy in office of member
19        (1)   The office of a member becomes vacant if the member --
20                (a)   completes a term of office; or
21                (b)   resigns the office by instrument in writing addressed to the
22                      Chairperson of the Ministerial Council; or
23                (c)   is removed from office by the Chairperson of the Ministerial
24                      Council under this clause; or
25                (d)   is absent, without leave first being granted by the Chairperson
26                      of the Committee, from 3 or more consecutive meetings of
27                      the Committee of which reasonable notice has been given to
28                      the member personally or by post; or
29                (e)   dies.


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                                    Agency Management Committee       Schedule 2
                                                                               cl. 5



 1        (2)   The Chairperson of the Ministerial Council may remove a member
 2              from office if --
 3                (a)    the member has been found guilty of an offence (whether in a
 4                       participating jurisdiction or elsewhere) that, in the opinion of
 5                       the Chairperson of the Ministerial Council, renders the
 6                       member unfit to continue to hold the office of member; or
 7                (b)    the member ceases to be a registered health practitioner as a
 8                       result of the member's misconduct, impairment or
 9                       incompetence; or
10                (c)    the member becomes bankrupt, applies to take the benefit of
11                       any law for the relief of bankrupt or insolvent debtors,
12                       compounds with the member's creditors or makes an
13                       assignment of the member's remuneration for their benefit; or
14                (d)    the Committee recommends the removal of the member, on
15                       the basis that the member has engaged in misconduct or has
16                       failed or is unable to properly exercise the member's
17                       functions as a member.
18        (3)   In addition, the Chairperson of the Ministerial Council may remove
19              the Chairperson of the Committee from office as a member if the
20              Chairperson of the Committee becomes a registered health
21              practitioner.

22   5.         Vacancies to be advertised
23        (1)   Before the Ministerial Council appoints a member of the Committee,
24              the vacancy to be filled is to be publicly advertised.
25        (2)   It is not necessary to advertise a vacancy in the membership of the
26              Committee before appointing a person to act in the office of a
27              member.
28              Note: The general interpretation provisions applicable to this Law under
29                    section 6 confer power to appoint acting members of the Agency
30                    Management Committee.

31   6.         Extension of term of office during vacancy in membership
32        (1)   If the office of a member becomes vacant because the member has
33              completed the member's term of office, the member is taken to
34              continue to be a member during that vacancy until the date on which



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     Schedule 2       Agency Management Committee
     cl. 7



 1              the vacancy is filled (whether by reappointment of the member or
 2              appointment of a successor to the member).
 3        (2)   However, this clause ceases to apply to the member if --
 4                (a)   the member resigns the member's office by instrument in
 5                      writing addressed to the Chairperson of the Ministerial
 6                      Council; or
 7                (b)   the Chairperson of the Ministerial Council determines that the
 8                      services of the member are no longer required.
 9        (3)   The maximum period for which a member is taken to continue to be a
10              member under this clause after completion of the member's term of
11              office is 6 months.

12   7.         Members to act in public interest
13        (1)   A member of the Committee is to act impartially and in the public
14              interest in the exercise of the member's functions as a member.
15        (2)   Accordingly, a member of the Committee is to put the public interest
16              before the interests of particular health practitioners or any body or
17              organisation that represents health practitioners.

18   8.         Disclosure of conflict of interest
19        (1)   If --
20                (a)   a member has a direct or indirect pecuniary or other interest
21                      in a matter being considered or about to be considered at a
22                      meeting of the Committee; and
23                (b)   the interest appears to raise a conflict with the proper
24                      performance of the member's duties in relation to the
25                      consideration of the matter,
26              the member must, as soon as possible after the relevant facts have
27              come to the member's knowledge, disclose the nature of the interest at
28              a meeting of the Committee.
29        (2)   Particulars of any disclosure made under this clause must be recorded
30              by the Committee in a book kept for the purpose.




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                         Health Practitioner Regulation National Law (WA) Bill 2010
                           Health Practitioner Regulation National Law   Schedule
                                     Agency Management Committee       Schedule 2
                                                                                cl. 9



 1         (3)   After a member has disclosed the nature of an interest in any matter,
 2               the member must not, unless the Ministerial Council or the
 3               Committee otherwise determines --
 4                 (a)   be present during any deliberation of the Committee with
 5                       respect to the matter; or
 6                 (b)   take part in any decision of the Committee with respect to the
 7                       matter.
 8         (4)   For the purposes of the making of a determination by the Committee
 9               under subclause (3), a member who has a direct or indirect pecuniary
10               or other interest in a matter to which the disclosure relates must not --
11                 (a)   be present during any deliberation of the Committee for the
12                       purpose of making the determination; or
13                 (b)   take part in the making of the determination by the
14                       Committee.
15         (5)   A contravention of this clause does not invalidate any decision of the
16               Committee.

17                                   Part 3 -- Procedure

18   9.          General procedure
19               The procedure for the calling of meetings of the Committee and for
20               the conduct of business at those meetings is, subject to this Law, to be
21               as determined by the Committee.

22   10.         Quorum
23               The quorum for a meeting of the Committee is a majority of its
24               members for the time being.

25   11.         Chief executive officer may attend meetings
26               The chief executive officer of the National Agency may attend
27               meetings of the Committee and may participate in discussions of the
28               Committee, but is not entitled to vote at a meeting.

29   12.         Presiding member
30         (1)   The Chairperson (or, in the absence of the Chairperson, a person
31               elected by the members of the Committee who are present at a


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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 2       Agency Management Committee
     cl. 13



 1               meeting of the Committee) is to preside at a meeting of the
 2               Committee.
 3         (2)   The presiding member has a deliberative vote and, in the event of an
 4               equality of votes, has a second or casting vote.

 5   13.         Voting
 6               A decision supported by a majority of the votes cast at a meeting of
 7               the Committee at which a quorum is present is the decision of the
 8               Committee.

 9   14.         Transaction of business outside meetings or by
10               telecommunication
11         (1)   The Committee may, if it thinks fit, transact any of its business by the
12               circulation of papers among all the members of the Committee for the
13               time being, and a resolution in writing approved in writing by a
14               majority of those members is taken to be a decision of the Committee.
15         (2)   The Committee may, if it thinks fit, transact any of its business at a
16               meeting at which members (or some members) participate by
17               telephone, closed-circuit television or other means, but only if any
18               member who speaks on a matter before the meeting can be heard by
19               the other members.
20         (3)   For the purposes of --
21                 (a)    the approval of a resolution under subclause (1); or
22                 (b)    a meeting held in accordance with subclause (2),
23               the Chairperson and each member have the same voting rights as they
24               have at an ordinary meeting of the Committee.
25         (4)   Papers may be circulated among the members for the purposes of
26               subclause (1) by facsimile, email or other transmission of the
27               information in the papers concerned.

28   15.         First meeting
29               The Chairperson may call the first meeting of the Committee in any
30               manner the Chairperson thinks fit.




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                 Health Practitioner Regulation National Law (WA) Bill 2010
                   Health Practitioner Regulation National Law   Schedule
                             Agency Management Committee       Schedule 2
                                                                      cl. 16



1   16.   Defects in appointment of members
2         A decision of the Committee is not invalidated by any defect or
3         irregularity in the appointment of any member (or acting member) of
4         the Committee.




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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 3       National Agency
     cl. 1




 1                          Schedule 3 -- National Agency
 2                                                                              [s. 23]

 3                           Part 1 -- Chief executive officer

 4   1.         Chief executive officer
 5        (1)   The Agency Management Committee is to appoint a person as chief
 6              executive officer of the National Agency.
 7        (2)   The chief executive officer of the National Agency is to be appointed
 8              for a period, not more than 5 years, specified in the officer's
 9              instrument of appointment, but is eligible for reappointment.
10        (3)   The chief executive officer of the National Agency is taken, while
11              holding that office, to be a member of the staff of the National
12              Agency.

13   2.         Functions of chief executive officer
14        (1)   The chief executive officer of the National Agency has the functions
15              conferred on the chief executive officer by written instrument of the
16              Agency Management Committee.
17        (2)   The Agency Management Committee may delegate any of the
18              functions of the National Agency, or of the Agency Management
19              Committee, to the chief executive officer of the National Agency,
20              other than this power of delegation.

21   3.         Delegation and subdelegation by chief executive officer
22        (1)   The chief executive officer of the National Agency may delegate any
23              of the functions conferred on the officer under clause 2(1) to a
24              member of the staff of the National Agency, other than this power of
25              delegation.
26        (2)   The chief executive officer of the National Agency may subdelegate
27              any function delegated to the officer under clause 2(2) to any member
28              of the staff of the National Agency if the chief executive officer is
29              authorised to do so by the Agency Management Committee.




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                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Health Practitioner Regulation National Law   Schedule
                                                      National Agency Schedule 3
                                                                               cl. 4



 1   4.         Vacancy in office
 2        (1)   The office of the chief executive officer of the National Agency
 3              becomes vacant if --
 4                (a)    the chief executive officer resigns the officer's office by
 5                       written instrument addressed to the Chairperson of the
 6                       Agency Management Committee; or
 7                (b)    the appointment of the chief executive officer is terminated
 8                       by the Agency Management Committee under this clause.
 9        (2)   The Agency Management Committee may, at any time and for any
10              reason, terminate the appointment of the chief executive officer of the
11              National Agency by written notice given to the chief executive
12              officer.

13                      Part 2 -- Staff, consultants and contractors

14   5.         Staff of National Agency
15        (1)   The National Agency may, for the purpose of performing its
16              functions, employ staff.
17        (2)   The staff of the National Agency are to be employed on the terms and
18              conditions decided by the National Agency from time to time.
19        (3)   Subclause (2) is subject to any relevant industrial award or agreement
20              that applies to the staff.

21   6.         Staff seconded to National Agency
22              The National Agency may make arrangements for the services of any
23              of the following persons to be made available to the National Agency
24              in connection with the exercise of its functions --
25                (a)    a person who is a member of the staff of a government
26                       agency of a participating jurisdiction or the Commonwealth;
27                (b)    a person who is a member of the staff of a local registration
28                       authority.

29   7.         Consultants and contractors
30        (1)   The National Agency may engage persons with suitable qualifications
31              and experience as consultants or contractors.


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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 3       National Agency
     cl. 8



 1        (2)   The terms and conditions of engagement of consultants or contractors
 2              are as decided by the National Agency from time to time.

 3                            Part 3 -- Reporting obligations

 4   8.         Annual report
 5        (1)   The National Agency must, within 3 months after the end of each
 6              financial year, submit an annual report for the financial year to the
 7              Ministerial Council.
 8        (2)   The annual report must include --
 9                (a)   a financial statement for the National Agency, and each
10                      National Board, for the period to which the report relates; and
11                (b)   a report about the Agency's performance of its functions
12                      under this Law during the period to which the annual report
13                      relates.
14        (3)   The financial statement is to be prepared in accordance with
15              Australian Accounting Standards.
16        (4)   The financial statement is to be audited by a public sector auditor and
17              a report is to be provided by the auditor.
18        (5)   The Ministerial Council is to make arrangements for the tabling of the
19              annual report of the National Agency, and the report of the public
20              sector auditor with respect to the financial statement in the report, in
21              the Parliament of each participating jurisdiction and the
22              Commonwealth.
23        (6)   The Ministerial Council may extend, or further extend, the period for
24              submission of an annual report to the Council by a total period of up
25              to 3 months.
26        (7)   In this clause --
27              public sector auditor means --
28                (a)   the Auditor-General (however described) of a participating
29                      jurisdiction; or
30                (b)   an auditor employed, appointed or otherwise engaged by an
31                      Auditor-General of a participating jurisdiction.



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                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Health Practitioner Regulation National Law   Schedule
                                                      National Agency Schedule 3
                                                                               cl. 9



 1   9.         Reporting by National Boards
 2        (1)   A National Board must, if asked by the National Agency, give the
 3              National Agency the information the National Agency requires to
 4              compile its annual report, including --
 5                (a)   a report about the National Board's performance of its
 6                      functions under this Law during the period to which the
 7                      annual report relates; and
 8                (b)   a statement of the income and expenditure of the National
 9                      Board for the period to which the annual report relates,
10                      presented by reference to the budget of the National Board
11                      for that period.
12        (2)   The information provided by the National Board is to be incorporated
13              in the relevant annual report for the National Agency.




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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 4       National Boards
     cl. 1




 1                           Schedule 4 -- National Boards
 2                                                                               [s. 33]

 3                                   Part 1 -- General

 4   1.         Terms used
 5              In this Schedule --
 6              Chairperson means the Chairperson of a National Board;
 7              community member means a member of a National Board appointed
 8              as a community member;
 9              member means a member of a National Board.

10                                Part 2 -- Constitution

11   2.         Terms of office of members
12              Subject to this Schedule, a member holds office for the period (not
13              exceeding 3 years) specified in the member's instrument of
14              appointment, but is eligible (if otherwise qualified) for reappointment.

15   3.         Remuneration
16              A member is entitled to be paid such remuneration (including
17              travelling and subsistence allowances) as the Ministerial Council may
18              from time to time determine with respect to the member.

19   4.         Vacancy in office of member
20        (1)   The office of a member becomes vacant if the member --
21                (a)   completes a term of office; or
22                (b)   resigns the office by instrument in writing addressed to the
23                      Chairperson of the Ministerial Council; or
24                (c)   is removed from office by the Chairperson of the Ministerial
25                      Council under this clause; or
26                (d)   is absent, without leave first being granted by the Chairperson
27                      of the Board, from 3 or more consecutive meetings of the
28                      National Board of which reasonable notice has been given to
29                      the member personally or by post; or

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                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Health Practitioner Regulation National Law   Schedule
                                                      National Boards Schedule 4
                                                                               cl. 5



 1                (e)    dies.
 2        (2)   The Chairperson of the Ministerial Council may remove a member
 3              from office if --
 4                (a)    the member has been found guilty of an offence (whether in a
 5                       participating jurisdiction or elsewhere) that, in the opinion of
 6                       the Chairperson of the Ministerial Council, renders the
 7                       member unfit to continue to hold the office of member; or
 8                (b)    the member ceases to be a registered health practitioner as a
 9                       result of the member's misconduct, impairment or
10                       incompetence; or
11                (c)    the member ceases to be eligible for appointment to the office
12                       that the member holds on the National Board; or
13                (d)    the member becomes bankrupt, applies to take the benefit of
14                       any law for the relief of bankrupt or insolvent debtors,
15                       compounds with member's creditors or makes an assignment
16                       of the member's remuneration for their benefit; or
17                (e)    the National Board recommends the removal of the member,
18                       on the basis that the member has engaged in misconduct or
19                       has failed or is unable to properly exercise the member's
20                       functions as a member.

21   5.         Vacancies to be advertised
22        (1)   Before the Ministerial Council appoints a member of a National
23              Board, the vacancy to be filled is to be publicly advertised.
24        (2)   The National Agency may assist the Ministerial Council in the
25              process of appointing members of a National Board, including in the
26              advertising of vacancies.
27        (3)   It is not necessary to advertise a vacancy in the membership of a
28              National Board before appointing a person to act in the office of a
29              member.
30              Note: The general interpretation provisions applicable to this Law under
31                    section 6 confer power to appoint acting members of a National Board.

32   6.         Extension of term of office during vacancy in membership
33        (1)   If the office of a member becomes vacant because the member has
34              completed the member's term of office, the member is taken to

                                                                                 page 277
     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 4       National Boards
     cl. 7



 1              continue to be a member during that vacancy until the date on which
 2              the vacancy is filled (whether by reappointment of the member or
 3              appointment of a successor to the member).
 4        (2)   However, this clause ceases to apply to the member if --
 5                (a)   the member resigns the member's office by instrument in
 6                      writing addressed to the Chairperson of the Ministerial
 7                      Council; or
 8                (b)   the Chairperson of the Ministerial Council determines that the
 9                      services of the member are no longer required.
10        (3)   The maximum period for which a member is taken to continue to be a
11              member under this clause after completion of the member's term of
12              office is 6 months.

13   7.         Members to act in public interest
14        (1)   A member of a National Board is to act impartially and in the public
15              interest in the exercise of the member's functions as a member.
16        (2)   Accordingly, a member of a National Board is to put the public
17              interest before the interests of particular health practitioners or any
18              entity that represents health practitioners.

19   8.         Disclosure of conflict of interest
20        (1)   If --
21                (a)   a member has a direct or indirect pecuniary or other interest
22                      in a matter being considered or about to be considered at a
23                      meeting of the National Board; and
24                (b)   the interest appears to raise a conflict with the proper
25                      performance of the member's duties in relation to the
26                      consideration of the matter,
27              the member must, as soon as possible after the relevant facts have
28              come to the member's knowledge, disclose the nature of the interest at
29              a meeting of the National Board.
30        (2)   Particulars of any disclosure made under this clause must be recorded
31              by the National Board in a book kept for the purpose.




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                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Health Practitioner Regulation National Law   Schedule
                                                      National Boards Schedule 4
                                                                               cl. 9



 1        (3)   After a member has disclosed the nature of an interest in any matter,
 2              the member must not, unless the Ministerial Council or the National
 3              Board otherwise determines --
 4                (a)   be present during any deliberation of the National Board with
 5                      respect to the matter; or
 6                (b)   take part in any decision of the National Board with respect to
 7                      the matter.
 8        (4)   For the purposes of the making of a determination by the National
 9              Board under subclause (3), a member who has a direct or indirect
10              pecuniary or other interest in a matter to which the disclosure relates
11              must not --
12                (a)   be present during any deliberation of the National Board for
13                      the purpose of making the determination; or
14                (b)   take part in the making of the determination by the National
15                      Board.
16        (5)   A contravention of this clause does not invalidate any decision of the
17              National Board.
18        (6)   This clause applies to a member of a committee of a National Board
19              and the committee in the same way as it applies to a member of the
20              National Board and the National Board.

21                           Part 3 -- Functions and powers

22   9.         Requirement to consult other National Boards
23              If a National Board (the first Board) proposes to make a
24              recommendation to the Ministerial Council about a matter that may
25              reasonably be expected to be of interest to another National Board
26              (the other Board), the first Board must --
27                (a)   consult with the other Board about the proposed
28                      recommendation; and
29                (b)   if the first Board makes the recommendation to the
30                      Ministerial Council, advise the Council about any contrary
31                      views expressed by the other Board about the
32                      recommendation.




                                                                               page 279
     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 4       National Boards
     cl. 10



 1   10.         Boards may obtain assistance
 2               A National Board may, for the purposes of exercising its functions,
 3               obtain the assistance of or advice from a local registration authority or
 4               another entity having knowledge of matters relating to the health
 5               profession for which it is established.

 6   11.         Committees
 7               A National Board may establish committees to do any of the
 8               following --
 9                 (a)   to develop registration standards for the health profession for
10                       which the Board is established;
11                 (b)   to develop codes or guidelines for the health profession for
12                       which the Board is established;
13                 (c)   to exercise any other functions of the Board or to provide
14                       assistance or advice to the Board in the exercise of its
15                       functions.

16                                   Part 4 -- Procedure

17   12.         General procedure
18               The procedure for the calling of meetings of the National Board and
19               for the conduct of business at those meetings is, subject to this Law,
20               to be as determined by the National Board.

21   13.         Quorum
22               The quorum for a meeting of the National Board is a majority of its
23               members for the time being, at least one of whom is a community
24               member.

25   14.         Presiding member
26         (1)   The Chairperson (or, in the absence of the Chairperson, a person
27               elected by the members of the National Board who are present at a
28               meeting of the National Board) is to preside at a meeting of the
29               National Board.
30         (2)   The presiding member has a deliberative vote and, in the event of an
31               equality of votes, has a second or casting vote.


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                          Health Practitioner Regulation National Law (WA) Bill 2010
                            Health Practitioner Regulation National Law   Schedule
                                                        National Boards Schedule 4
                                                                               cl. 15



 1   15.         Voting
 2               A decision supported by a majority of the votes cast at a meeting of
 3               the National Board at which a quorum is present is the decision of the
 4               National Board.

 5   16.         Transaction of business outside meetings or by
 6               telecommunication
 7         (1)   The National Board may, if it thinks fit, transact any of its business by
 8               the circulation of papers among all the members of the National
 9               Board for the time being, and a resolution in writing approved in
10               writing by a majority of those members is taken to be a decision of the
11               National Board.
12         (2)   The National Board may, if it thinks fit, transact any of its business at
13               a meeting at which members (or some members) participate by
14               telephone, closed-circuit television or other means, but only if any
15               member who speaks on a matter before the meeting can be heard by
16               the other members.
17         (3)   For the purposes of --
18                 (a)    the approval of a resolution under subclause (1); or
19                 (b)    a meeting held in accordance with subclause (2),
20               the Chairperson and each member have the same voting rights as they
21               have at an ordinary meeting of the National Board.
22         (4)   Papers may be circulated among the members for the purposes of
23               subclause (1) by facsimile, email or other transmission of the
24               information in the papers concerned.

25   17.         First meeting
26               The Chairperson may call the first meeting of the National Board in
27               any manner the Chairperson thinks fit.

28   18.         Defects in appointment of members
29               A decision of the National Board or of a committee of the National
30               Board is not invalidated by any defect or irregularity in the
31               appointment of any member (or acting member) of the National Board
32               or of a committee of the National Board.


                                                                                 page 281
     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 5       Investigators
     cl. 1




 1                                  Schedule 5 -- Investigators
 2                                                                                       [s. 163]

 3                             Part 1 -- Power to obtain information

 4   1.         Powers of investigators
 5              For the purposes of conducting an investigation, an investigator may,
 6              by written notice given to a person, require the person to --
 7                (a)         give stated information to the investigator within a stated
 8                            reasonable time and in a stated reasonable way; or
 9                (b)         attend before the investigator at a stated time and a stated
10                            place to answer questions or produce documents.

11   2.         Offence for failing to produce information or attend before
12              investigator
13        (1)   A person required to give stated information to an investigator under
14              clause 1(a) must not fail, without reasonable excuse, to give the
15              information as required by the notice.
16              Penalty:
17                      (a)      in the case of an individual -- a fine of $5 000;
18                      (b)      in the case of a body corporate -- a fine of $10 000.
19        (2)   A person given a notice to attend before an investigator must not fail,
20              without reasonable excuse, to --
21                (a)         attend as required by the notice; and
22                (b)         continue to attend as required by the investigator until
23                            excused from further attendance; and
24                (c)         answer a question the person is required to answer by the
25                            investigator; and
26                (d)         produce a document the person is required to produce by the
27                            notice.
28              Penalty:
29                      (a)      in the case of an individual -- a fine of $5 000;
30                      (b)      in the case of a body corporate -- a fine of $10 000.


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                        Health Practitioner Regulation National Law (WA) Bill 2010
                          Health Practitioner Regulation National Law   Schedule
                                                         Investigators Schedule 5
                                                                               cl. 3



 1        (3)   For the purposes of subclauses (1) and (2), it is a reasonable excuse
 2              for an individual to fail to give stated information, answer a question
 3              or to produce a document, if giving the information, answering the
 4              question or producing the document might tend to incriminate the
 5              individual.

 6   3.         Inspection of documents
 7        (1)   If a document is produced to an investigator, the investigator may --
 8                (a)   inspect the document; and
 9                (b)   make a copy of, or take an extract from, the document; and
10                (c)   keep the document while it is necessary for the investigation.
11        (2)   If the investigator keeps the document, the investigator must permit a
12              person otherwise entitled to possession of the document to inspect,
13              make a copy of, or take an extract from, the document at the
14              reasonable time and place decided by the investigator.

15                            Part 2 -- Power to enter places

16   4.         Entering places
17              For the purposes of conducting an investigation, an investigator may
18              enter a place if --
19                (a)   its occupier consents to the entry of the place; or
20                (b)   it is a public place and the entry is made when it is open to
21                      the public; or
22                (c)   the entry is authorised by a warrant.

23   5.         Application for warrant
24        (1)   An investigator may apply to a magistrate of a participating
25              jurisdiction for a warrant for a place.
26        (2)   The investigator must prepare a written application that states the
27              grounds on which the warrant is sought.
28        (3)   The written application must be sworn.
29        (4)   The magistrate may refuse to consider the application until the
30              investigator gives the magistrate all the information the magistrate
31              requires about the application in the way the magistrate requires.

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     Health Practitioner Regulation National Law (WA) Bill 2010
     Schedule         Health Practitioner Regulation National Law
     Schedule 5       Investigators
     cl. 6



 1   6.         Issue of warrant
 2        (1)   The magistrate may issue the warrant only if the magistrate is
 3              satisfied there are reasonable grounds for suspecting there is evidence
 4              about a matter being investigated by the investigator at the place.
 5        (2)   The warrant must state --
 6                (a)   that a stated investigator may, with necessary and reasonable
 7                      help and force --
 8                         (i)   enter the place and any other place necessary for
 9                               entry; and
10                        (ii)   exercise the investigator's powers under this Part;
11                      and
12                (b)   the matter for which the warrant is sought; and
13                (c)   the evidence that may be seized under the warrant; and
14                (d)   the hours of the day or night when the place may be entered;
15                      and
16                (e)   the date, within 14 days after the warrant's issue, the warrant
17                      ends.

18   7.         Application by electronic communication
19        (1)   An investigator may apply for a warrant by phone, facsimile, email,
20              radio, video conferencing or another form of communication if the
21              investigator considers it necessary because of --
22                (a)   urgent circumstances; or
23                (b)   other special circumstances, including the investigator's
24                      remote location.
25        (2)   The application --
26                (a)   may not be made before the investigator prepares the written
27                      application under clause 5(2); but
28                (b)   may be made before the written application is sworn.
29        (3)   The magistrate may issue the warrant (the original warrant) only if
30              the magistrate is satisfied --
31                (a)   it was necessary to make the application under subclause (1);
32                      and


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                   Health Practitioner Regulation National Law (WA) Bill 2010
                     Health Practitioner Regulation National Law   Schedule
                                                    Investigators Schedule 5
                                                                          cl. 7



 1           (b)   the way the application was made under subclause (1) was
 2                 appropriate.
 3   (4)   After the magistrate issues the original warrant --
 4           (a)   if there is a reasonably practicable way of immediately giving
 5                 a copy of the warrant to the investigator, for example, by
 6                 sending a copy by fax or email, the magistrate must
 7                 immediately give a copy of the warrant to the investigator; or
 8           (b)   otherwise --
 9                    (i)   the magistrate must tell the investigator the date and
10                          time the warrant is issued and the other terms of the
11                          warrant; and
12                   (ii)   the investigator must complete a form of warrant
13                          including by writing on it --
14                              (I)   the magistrate's name; and
15                             (II)   the date and time the magistrate issued the
16                                    warrant; and
17                            (III)   the other terms of the warrant.
18   (5)   The copy of the warrant referred to in subclause (4)(a), or the form of
19         warrant completed under subclause (4)(b) (in either case the duplicate
20         warrant), is a duplicate of, and as effectual as, the original warrant.
21   (6)   The investigator must, at the first reasonable opportunity, send to the
22         magistrate --
23           (a)   the written application complying with clause 5(2) and (3);
24                 and
25           (b)   if the investigator completed a form of warrant under
26                 subclause (4)(b), the completed form of warrant.
27   (7)   The magistrate must keep the original warrant and, on receiving the
28         documents under subclause (6), file the original warrant and
29         documents in the court.
30   (8)   Despite subclause (5), if --
31           (a)   an issue arises in a proceeding about whether an exercise of a
32                 power was authorised by a warrant issued under this clause;
33                 and



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     Schedule 5       Investigators
     cl. 8



 1                (b)   the original warrant is not produced in evidence,
 2              the onus of proof is on the person relying on the lawfulness of the
 3              exercise of the power to prove a warrant authorised the exercise of the
 4              power.
 5        (9)   This clause does not limit clause 5.

 6   8.         Procedure before entry under warrant
 7        (1)   Before entering a place under a warrant, an investigator must do or
 8              make a reasonable attempt to do the following --
 9                (a)   identify himself or herself to a person present at the place
10                      who is an occupier of the place by producing the
11                      investigator's identity card or another document evidencing
12                      the investigator's appointment;
13                (b)   give the person a copy of the warrant;
14                (c)   tell the person the investigator is permitted by the warrant to
15                      enter the place;
16                (d)   give the person an opportunity to allow the investigator
17                      immediate entry to the place without using force.
18        (2)   However, the investigator need not comply with subclause (1) if the
19              investigator reasonably believes that immediate entry to the place is
20              required to ensure the effective execution of the warrant is not
21              frustrated.

22   9.         Powers after entering places
23        (1)   This clause applies if an investigator enters a place under clause 4.
24        (2)   The investigator may for the purposes of the investigation do the
25              following --
26                (a)   search any part of the place;
27                (b)   inspect, measure, test, photograph or film any part of the
28                      place or anything at the place;
29                (c)   take a thing, or a sample of or from a thing, at the place for
30                      analysis, measurement or testing;
31                (d)   copy, or take an extract from, a document, at the place;



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                                                                                cl. 10



 1                 (e)         take into or onto the place any person, equipment and
 2                             materials the investigator reasonably requires for exercising a
 3                             power under this Part;
 4                 (f)         require the occupier of the place, or a person at the place, to
 5                             give the investigator reasonable help to exercise the
 6                             investigator's powers under paragraphs (a) to (e);
 7                 (g)         require the occupier of the place, or a person at the place, to
 8                             give the investigator information to help the investigator in
 9                             conducting the investigation.
10         (3)   When making a requirement referred to in subclause (2)(f) or (g), the
11               investigator must warn the person it is an offence to fail to comply
12               with the requirement unless the person has a reasonable excuse.

13   10.         Offences for failing to comply with requirement under clause 9
14         (1)   A person required to give reasonable help under clause 9(2)(f) must
15               comply with the requirement, unless the person has a reasonable
16               excuse.
17               Penalty:
18                       (a)      in the case of an individual -- a fine of $5 000;
19                       (b)      in the case of a body corporate -- a fine of $10 000.
20         (2)   A person of whom a requirement is made under clause 9(2)(g) must
21               comply with the requirement, unless the person has a reasonable
22               excuse.
23               Penalty:
24                       (a)      in the case of an individual -- a fine of $5 000;
25                       (b)      in the case of a body corporate -- a fine of $10 000.
26         (3)   It is a reasonable excuse for an individual not to comply with a
27               requirement under clause 9(2)(f) or (g) that complying with the
28               requirement might tend to incriminate the individual.

29   11.         Seizure of evidence
30         (1)   An investigator who enters a public place when the place is open to
31               the public may seize a thing at the place if the investigator reasonably
32               believes the thing is evidence that is relevant to the investigation
33               being conducted by the investigator.


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     cl. 12



 1         (2)   If an investigator enters a place with the occupier's consent, the
 2               investigator may seize a thing at the place if --
 3                 (a)   the investigator reasonably believes the thing is evidence that
 4                       is relevant to the investigation being conducted by the
 5                       investigator; and
 6                 (b)   seizure of the thing is consistent with the purpose of the entry
 7                       as told to the occupier when asking for the occupier's
 8                       consent.
 9         (3)   If an investigator enters a place with a warrant, the investigator may
10               seize the evidence for which the warrant was issued.
11         (4)   For the purposes of subclauses (2) and (3), the investigator may also
12               seize anything else at the place if the investigator reasonably
13               believes --
14                 (a)   the thing is evidence that is relevant to the investigation; and
15                 (b)   the seizure is necessary to prevent the thing being hidden, lost
16                       or destroyed.

17   12.         Securing seized things
18               Having seized a thing, an investigator may --
19                 (a)   move the thing from the place where it was seized; or
20                 (b)   leave the thing at the place where it was seized but take
21                       reasonable action to restrict access to it.

22   13.         Receipt for seized things
23         (1)   As soon as practicable after an investigator seizes a thing, the
24               investigator must give a receipt for it to the person from whom it was
25               seized.
26         (2)   However, if for any reason it is not practicable to comply with
27               subclause (1), the investigator must leave the receipt at the place of
28               seizure in a conspicuous position and in a reasonably secure way.
29         (3)   The receipt must describe generally the seized thing and its condition.
30         (4)   This clause does not apply to a thing if it is impracticable or would be
31               unreasonable to give the receipt given the thing's nature, condition
32               and value.


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                                                          Investigators Schedule 5
                                                                              cl. 14



 1   14.         Forfeiture of seized thing
 2         (1)   A seized thing is forfeited to the National Agency if the investigator
 3               who seized the thing --
 4                 (a)   cannot find its owner, after making reasonable inquiries; or
 5                 (b)   cannot return it to its owner, after making reasonable efforts.
 6         (2)   In applying subclause (1) --
 7                 (a)   subclause (1)(a) does not require the investigator to make
 8                       inquiries if it would be unreasonable to make inquiries to find
 9                       the owner; and
10                 (b)   subclause (1)(b) does not require the investigator to make
11                       efforts if it would be unreasonable to make efforts to return
12                       the thing to its owner.
13         (3)   Regard must be had to a thing's nature, condition and value in
14               deciding --
15                 (a)   whether it is reasonable to make inquiries or efforts; and
16                 (b)   if making inquiries or efforts, what inquiries or efforts,
17                       including the period over which they are made, are
18                       reasonable.

19   15.         Dealing with forfeited things
20         (1)   On the forfeiture of a thing to the National Agency, the thing becomes
21               the Agency's property and may be dealt with by the Agency as the
22               Agency considers appropriate.
23         (2)   Without limiting subclause (1), the National Agency may destroy or
24               dispose of the thing.

25   16.         Return of seized things
26         (1)   If a seized thing has not been forfeited, the investigator must return it
27               to its owner --
28                 (a)   at the end of 6 months; or
29                 (b)   if proceedings involving the thing are started within
30                       6 months, at the end of the proceedings and any appeal from
31                       the proceedings.



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     cl. 17



 1         (2)   Despite subclause (1), unless the thing has been forfeited, the
 2               investigator must immediately return a thing seized as evidence to its
 3               owner if the investigator is no longer satisfied its continued retention
 4               as evidence is necessary.

 5   17.         Access to seized things
 6         (1)   Until a seized thing is forfeited or returned, an investigator must allow
 7               its owner to inspect it and, if it is a document, to copy it.
 8         (2)   Subclause (1) does not apply if it is impracticable or would be
 9               unreasonable to allow the inspection or copying.

10                                  Part 3 -- General matters

11   18.         Damage to property
12         (1)   This clause applies if --
13                 (a)   an investigator damages property when exercising or
14                       purporting to exercise a power; or
15                 (b)   a person (the other person) acting under the direction of an
16                       investigator damages property.
17         (2)   The investigator must promptly give written notice of particulars of
18               the damage to the person who appears to the investigator to be the
19               owner of the property.
20         (3)   If the investigator believes the damage was caused by a latent defect
21               in the property or circumstances beyond the investigator's or other
22               person's control, the investigator must state the belief in the notice.
23         (4)   If, for any reason, it is impracticable to comply with subclause (2), the
24               investigator must leave the notice in a conspicuous position and in a
25               reasonably secure way where the damage happened.
26         (5)   This clause does not apply to damage the investigator reasonably
27               believes is trivial.
28         (6)   In this clause --
29               owner, of property, includes the person in possession or control of it.




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                                                            Investigators Schedule 5
                                                                                cl. 19



 1   19.         Compensation
 2         (1)   A person may claim compensation from the National Agency if the
 3               person incurs loss or expense because of the exercise or purported
 4               exercise of a power under this Schedule by the investigator.
 5         (2)   Without limiting subclause (1), compensation may be claimed for loss
 6               or expense incurred in complying with a requirement made of the
 7               person under this Schedule.
 8         (3)   Compensation may be claimed and ordered to be paid in a proceeding
 9               brought in a court with jurisdiction for the recovery of the amount of
10               compensation claimed.
11         (4)   A court may order compensation to be paid only if it is satisfied it is
12               fair to make the order in the circumstances of the particular case.

13   20.         False or misleading information
14               A person must not state anything to an investigator that the person
15               knows is false or misleading in a material particular.
16               Penalty:
17                       (a)      in the case of an individual -- a fine of $5 000;
18                       (b)      in the case of a body corporate -- a fine of $10 000.

19   21.         False or misleading documents
20         (1)   A person must not give an investigator a document containing
21               information the person knows is false or misleading in a material
22               particular.
23               Penalty:
24                       (a)      in the case of an individual -- a fine of $5 000;
25                       (b)      in the case of a body corporate -- a fine of $10 000.
26         (2)   Subclause (1) does not apply to a person who, when giving the
27               document --
28                 (a)         informs the investigator, to the best of the person's ability,
29                             how it is false or misleading; and
30                 (b)         gives the correct information to the investigator if the person
31                             has, or can reasonably obtain, the correct information.


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     Schedule         Health Practitioner Regulation National Law
     Schedule 5       Investigators
     cl. 22



 1   22.         Obstructing investigators
 2         (1)   A person must not obstruct an investigator in the exercise of a power,
 3               unless the person has a reasonable excuse.
 4               Penalty:
 5                       (a)      in the case of an individual -- a fine of $5 000;
 6                       (b)      in the case of a body corporate -- a fine of $10 000.
 7         (2)   If a person has obstructed an investigator and the investigator decides
 8               to proceed with the exercise of the power, the investigator must warn
 9               the person that --
10                 (a)         it is an offence to obstruct the investigator, unless the person
11                             has a reasonable excuse; and
12                 (b)         the investigator considers the person's conduct is an
13                             obstruction.
14         (3)   In this clause --
15               obstruct includes hinder and attempt to obstruct or hinder.

16   23.         Impersonation of investigators
17               A person must not pretend to be an investigator.
18               Penalty: a fine of $5 000.




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                            Health Practitioner Regulation National Law   Schedule
                                                             Inspectors Schedule 6
                                                                                 cl. 1




 1                                   Schedule 6 -- Inspectors
 2                                                                                       [s. 238]

 3                             Part 1 -- Power to obtain information

 4   1.         Powers of inspectors
 5        (1)   This clause applies if an inspector reasonably believes --
 6                (a)         an offence against this Law has been committed; and
 7                (b)         a person may be able to give information about the offence.
 8        (2)   The inspector may, by written notice given to a person, require the
 9              person to --
10                (a)         give stated information to the inspector within a stated
11                            reasonable time and in a stated reasonable way; or
12                (b)         attend before the inspector at a stated time and a stated place
13                            to answer questions or produce documents.

14   2.         Offence for failing to produce information or attend before
15              inspector
16        (1)   A person required to give stated information to an inspector under
17              clause 1(2)(a) must not fail, without reasonable excuse, to give the
18              information as required by the notice.
19              Penalty:
20                      (a)      in the case of an individual -- a fine of $5 000;
21                      (b)      in the case of a body corporate -- a fine of $10 000.
22        (2)   A person given a notice to attend before an inspector must not fail,
23              without reasonable excuse, to --
24                (a)         attend as required by the notice; and
25                (b)         continue to attend as required by the inspector until excused
26                            from further attendance; and
27                (c)         answer a question the person is required to answer by the
28                            inspector; and




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     Schedule 6       Inspectors
     cl. 3



 1                (d)         produce a document the person is required to produce by the
 2                            notice.
 3              Penalty:
 4                      (a)      in the case of an individual -- a fine of $5 000;
 5                      (b)      in the case of a body corporate -- a fine of $10 000.
 6        (3)   For the purposes of subclauses (1) and (2), it is a reasonable excuse
 7              for an individual to fail to give stated information, answer a question
 8              or to produce a document, if giving the information, answering the
 9              question or producing the document might tend to incriminate the
10              individual.

11   3.         Inspection of documents
12        (1)   If a document is produced to an inspector, the inspector may --
13                (a)         inspect the document; and
14                (b)         make a copy of, or take an extract from, the document; and
15                (c)         keep the document while it is necessary for the investigation.
16        (2)   If the inspector keeps the document, the inspector must permit a
17              person otherwise entitled to possession of the document to inspect,
18              make a copy of, or take an extract from, the document at the
19              reasonable time and place decided by the inspector.

20                                 Part 2 -- Power to enter places

21   4.         Entering places
22              An inspector may enter a place if --
23                (a)         its occupier consents to the entry of the place; or
24                (b)         it is a public place and the entry is made when it is open to
25                            the public; or
26                (c)         the entry is authorised by a warrant.

27   5.         Application for warrant
28        (1)   An inspector may apply to a magistrate of a participating jurisdiction
29              for a warrant for a place.




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                          Health Practitioner Regulation National Law   Schedule
                                                           Inspectors Schedule 6
                                                                               cl. 6



 1        (2)   The inspector must prepare a written application that states the
 2              grounds on which the warrant is sought.
 3        (3)   The written application must be sworn.
 4        (4)   The magistrate may refuse to consider the application until the
 5              inspector gives the magistrate all the information the magistrate
 6              requires about the application in the way the magistrate requires.

 7   6.         Issue of warrant
 8        (1)   The magistrate may issue the warrant only if the magistrate is
 9              satisfied there are reasonable grounds for suspecting there is a
10              particular thing or activity that may provide evidence of an offence
11              against this Law at the place.
12        (2)   The warrant must state --
13                (a)   that a stated inspector may, with necessary and reasonable
14                      help and force --
15                         (i)   enter the place and any other place necessary for
16                               entry; and
17                        (ii)   exercise the inspector's powers under this Part;
18                      and
19                (b)   the matter for which the warrant is sought; and
20                (c)   the evidence that may be seized under the warrant; and
21                (d)   the hours of the day or night when the place may be entered;
22                      and
23                (e)   the date, within 14 days after the warrant's issue, the warrant
24                      ends.

25   7.         Application by electronic communication
26        (1)   An inspector may apply for a warrant by phone, facsimile, email,
27              radio, video conferencing or another form of communication if the
28              inspector considers it necessary because of --
29                (a)   urgent circumstances; or
30                (b)   other special circumstances, including the inspector's remote
31                      location.



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     Schedule 6       Inspectors
     cl. 7



 1      (2)     The application --
 2                (a)   may not be made before the inspector prepares the written
 3                      application under clause 5(2); but
 4                (b)   may be made before the written application is sworn.
 5      (3)     The magistrate may issue the warrant (the original warrant) only if
 6              the magistrate is satisfied --
 7                (a)   it was necessary to make the application under subclause (1);
 8                      and
 9                (b)   the way the application was made under subclause (1) was
10                      appropriate.
11      (4)     After the magistrate issues the original warrant --
12                (a)   if there is a reasonably practicable way of immediately giving
13                      a copy of the warrant to the inspector, for example, by
14                      sending a copy by fax or email, the magistrate must
15                      immediately give a copy of the warrant to the inspector; or
16                (b)   otherwise --
17                         (i)   the magistrate must tell the inspector the date and
18                               time the warrant is issued and the other terms of the
19                               warrant; and
20                        (ii)   the inspector must complete a form of warrant
21                               including by writing on it --
22                                   (I)   the magistrate's name; and
23                                  (II)   the date and time the magistrate issued the
24                                         warrant; and
25                                 (III)   the other terms of the warrant.
26      (5)     The copy of the warrant referred to in subclause (4)(a), or the form of
27              warrant completed under subclause (4)(b) (in either case the duplicate
28              warrant), is a duplicate of, and as effectual as, the original warrant.
29      (6)     The inspector must, at the first reasonable opportunity, send to the
30              magistrate --
31                (a)   the written application complying with clause 5(2) and (3);
32                      and
33                (b)   if the inspector completed a form of warrant under
34                      subclause (4)(b), the completed form of warrant.

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                                                           Inspectors Schedule 6
                                                                               cl. 8



 1        (7)   The magistrate must keep the original warrant and, on receiving the
 2              documents under subclause (6), file the original warrant and
 3              documents in the court.
 4        (8)   Despite subclause (5), if --
 5                (a)   an issue arises in a proceeding about whether an exercise of a
 6                      power was authorised by a warrant issued under this clause;
 7                      and
 8                (b)   the original warrant is not produced in evidence,
 9              the onus of proof is on the person relying on the lawfulness of the
10              exercise of the power to prove a warrant authorised the exercise of the
11              power.
12        (9)   This clause does not limit clause 5.

13   8.         Procedure before entry under warrant
14        (1)   Before entering a place under a warrant, an inspector must do or make
15              a reasonable attempt to do the following --
16                (a)   identify himself or herself to a person present at the place
17                      who is an occupier of the place by producing the inspector's
18                      identity card or another document evidencing the inspector's
19                      appointment;
20                (b)   give the person a copy of the warrant;
21                (c)   tell the person the inspector is permitted by the warrant to
22                      enter the place;
23                (d)   give the person an opportunity to allow the inspector
24                      immediate entry to the place without using force.
25        (2)   However, the inspector need not comply with subclause (1) if the
26              inspector reasonably believes that immediate entry to the place is
27              required to ensure the effective execution of the warrant is not
28              frustrated.

29   9.         Powers after entering places
30        (1)   This clause applies if an inspector enters a place under clause 4.




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     Schedule         Health Practitioner Regulation National Law
     Schedule 6       Inspectors
     cl. 10



 1         (2)   The inspector may for the purposes of the investigation do the
 2               following --
 3                 (a)         search any part of the place;
 4                 (b)         inspect, measure, test, photograph or film any part of the
 5                             place or anything at the place;
 6                 (c)         take a thing, or a sample of or from a thing, at the place for
 7                             analysis, measurement or testing;
 8                 (d)         copy, or take an extract from, a document, at the place;
 9                 (e)         take into or onto the place any person, equipment and
10                             materials the inspector reasonably requires for exercising a
11                             power under this Part;
12                 (f)         require the occupier of the place, or a person at the place, to
13                             give the inspector reasonable help to exercise the inspector's
14                             powers under paragraphs (a) to (e);
15                 (g)         require the occupier of the place, or a person at the place, to
16                             give the inspector information to help the inspector ascertain
17                             whether this Law is being complied with.
18         (3)   When making a requirement referred to in subclause (2)(f) or (g), the
19               inspector must warn the person it is an offence to fail to comply with
20               the requirement unless the person has a reasonable excuse.

21   10.         Offences for failing to comply with requirement under clause 9
22         (1)   A person required to give reasonable help under clause 9(2)(f) must
23               comply with the requirement, unless the person has a reasonable
24               excuse.
25               Penalty:
26                       (a)      in the case of an individual -- a fine of $5 000;
27                       (b)      in the case of a body corporate -- a fine of $10 000.
28         (2)   A person of whom a requirement is made under clause 9(2)(g) must
29               comply with the requirement, unless the person has a reasonable
30               excuse.
31               Penalty:
32                       (a)      in the case of an individual -- a fine of $5 000;
33                       (b)      in the case of a body corporate -- a fine of $10 000.


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                           Health Practitioner Regulation National Law   Schedule
                                                            Inspectors Schedule 6
                                                                              cl. 11



 1         (3)   It is a reasonable excuse for an individual not to comply with a
 2               requirement under clause 9(2)(f) or (g) that complying with the
 3               requirement might tend to incriminate the individual.

 4   11.         Seizure of evidence
 5         (1)   An inspector who enters a public place when the place is open to the
 6               public may seize a thing at the place if the inspector reasonably
 7               believes the thing is evidence that is relevant to the investigation
 8               being conducted by the inspector.
 9         (2)   If an inspector enters a place with the occupier's consent, the
10               inspector may seize a thing at the place if --
11                 (a)   the inspector reasonably believes the thing is evidence that is
12                       relevant to the investigation being conducted by the
13                       inspector; and
14                 (b)   seizure of the thing is consistent with the purpose of the entry
15                       as told to the occupier when asking for the occupier's
16                       consent.
17         (3)   If an inspector enters a place with a warrant, the inspector may seize
18               the evidence for which the warrant was issued.
19         (4)   For the purposes of subclauses (2) and (3), the inspector may also
20               seize anything else at the place if the inspector reasonably believes --
21                 (a)   the thing is evidence that is relevant to the investigation; and
22                 (b)   the seizure is necessary to prevent the thing being hidden, lost
23                       or destroyed.

24   12.         Securing seized things
25               Having seized a thing, an inspector may --
26                 (a)   move the thing from the place where it was seized; or
27                 (b)   leave the thing at the place where it was seized but take
28                       reasonable action to restrict access to it.

29   13.         Receipt for seized things
30         (1)   As soon as practicable after an inspector seizes a thing, the inspector
31               must give a receipt for it to the person from whom it was seized.



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     Schedule         Health Practitioner Regulation National Law
     Schedule 6       Inspectors
     cl. 14



 1         (2)   However, if for any reason it is not practicable to comply with
 2               subclause (1), the inspector must leave the receipt at the place of
 3               seizure in a conspicuous position and in a reasonably secure way.
 4         (3)   The receipt must describe generally the seized thing and its condition.
 5         (4)   This clause does not apply to a thing if it is impracticable or would be
 6               unreasonable to give the receipt given the thing's nature, condition
 7               and value.

 8   14.         Forfeiture of seized thing
 9         (1)   A seized thing is forfeited to the National Agency if the inspector who
10               seized the thing --
11                 (a)   cannot find its owner, after making reasonable inquiries; or
12                 (b)   cannot return it to its owner, after making reasonable efforts.
13         (2)   In applying subclause (1) --
14                 (a)   subclause (1)(a) does not require the inspector to make
15                       inquiries if it would be unreasonable to make inquiries to find
16                       the owner; and
17                 (b)   subclause (1)(b) does not require the inspector to make efforts
18                       if it would be unreasonable to make efforts to return the thing
19                       to its owner.
20         (3)   Regard must be had to a thing's nature, condition and value in
21               deciding --
22                 (a)   whether it is reasonable to make inquiries or efforts; and
23                 (b)   if making inquiries or efforts, what inquiries or efforts,
24                       including the period over which they are made, are
25                       reasonable.

26   15.         Dealing with forfeited things
27         (1)   On the forfeiture of a thing to the National Agency, the thing becomes
28               the Agency's property and may be dealt with by the Agency as the
29               Agency considers appropriate.
30         (2)   Without limiting subclause (1), the National Agency may destroy or
31               dispose of the thing.



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                                                                              cl. 16



 1   16.         Return of seized things
 2         (1)   If a seized thing has not been forfeited, the inspector must return it to
 3               its owner --
 4                 (a)   at the end of 6 months; or
 5                 (b)   if proceedings involving the thing are started within
 6                       6 months, at the end of the proceedings and any appeal from
 7                       the proceedings.
 8         (2)   Despite subclause (1), unless the thing has been forfeited, the
 9               inspector must immediately return a thing seized as evidence to its
10               owner if the inspector is no longer satisfied its continued retention as
11               evidence is necessary.

12   17.         Access to seized things
13         (1)   Until a seized thing is forfeited or returned, an inspector must allow
14               its owner to inspect it and, if it is a document, to copy it.
15         (2)   Subclause (1) does not apply if it is impracticable or would be
16               unreasonable to allow the inspection or copying.

17                                Part 3 -- General matters

18   18.         Damage to property
19         (1)   This clause applies if --
20                 (a)   an inspector damages property when exercising or purporting
21                       to exercise a power; or
22                 (b)   a person (the other person) acting under the direction of an
23                       inspector damages property.
24         (2)   The inspector must promptly give written notice of particulars of the
25               damage to the person who appears to the inspector to be the owner of
26               the property.
27         (3)   If the inspector believes the damage was caused by a latent defect in
28               the property or circumstances beyond the inspector's or other person's
29               control, the inspector must state the belief in the notice.
30         (4)   If, for any reason, it is impracticable to comply with subclause (2), the
31               inspector must leave the notice in a conspicuous position and in a
32               reasonably secure way where the damage happened.

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     cl. 19



 1         (5)   This clause does not apply to damage the inspector reasonably
 2               believes is trivial.
 3         (6)   In this clause --
 4               owner, of property, includes the person in possession or control of it.

 5   19.         Compensation
 6         (1)   A person may claim compensation from the National Agency if the
 7               person incurs loss or expense because of the exercise or purported
 8               exercise of a power under this Schedule by the inspector.
 9         (2)   Without limiting subclause (1), compensation may be claimed for loss
10               or expense incurred in complying with a requirement made of the
11               person under this Schedule.
12         (3)   Compensation may be claimed and ordered to be paid in a proceeding
13               brought in a court with jurisdiction for the recovery of the amount of
14               compensation claimed.
15         (4)   A court may order compensation to be paid only if it is satisfied it is
16               fair to make the order in the circumstances of the particular case.

17   20.         False or misleading information
18               A person must not state anything to an inspector that the person
19               knows is false or misleading in a material particular.
20               Penalty:
21                    (a)    in the case of an individual -- a fine of $5 000;
22                    (b)    in the case of a body corporate -- a fine of $10 000.

23   21.         False or misleading documents
24         (1)   A person must not give an inspector a document containing
25               information the person knows is false or misleading in a material
26               particular.
27               Penalty:
28                    (a)    in the case of an individual -- a fine of $5 000;
29                    (b)    in the case of a body corporate -- a fine of $10 000.




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 1         (2)   Subclause (1) does not apply to a person who, when giving the
 2               document --
 3                 (a)         informs the inspector, to the best of the person's ability, how
 4                             it is false or misleading; and
 5                 (b)         gives the correct information to the inspector if the person
 6                             has, or can reasonably obtain, the correct information.

 7   22.         Obstructing inspectors
 8         (1)   A person must not obstruct an inspector in the exercise of a power,
 9               unless the person has a reasonable excuse.
10               Penalty:
11                       (a)      in the case of an individual -- a fine of $5 000;
12                       (b)      in the case of a body corporate -- a fine of $10 000.
13         (2)   If a person has obstructed an inspector and the inspector decides to
14               proceed with the exercise of the power, the inspector must warn the
15               person that --
16                 (a)         it is an offence to obstruct the inspector, unless the person has
17                             a reasonable excuse; and
18                 (b)         the inspector considers the person's conduct is an obstruction.
19         (3)   In this clause --
20               obstruct includes hinder and attempt to obstruct or hinder.

21   23.         Impersonation of inspectors
22               A person must not pretend to be an inspector.
23               Penalty: a fine of $5 000.




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     Schedule         Health Practitioner Regulation National Law
     Schedule 7       Miscellaneous provisions relating to interpretation
     cl. 1




 1        Schedule 7 -- Miscellaneous provisions relating to interpretation
 2                                                                                    [s. 6]

 3                                  Part 1 -- Preliminary

 4   1.          Displacement of Schedule by contrary intention
 5               The application of this Schedule may be displaced, wholly or partly,
 6               by a contrary intention appearing in this Law.

 7                                    Part 2 -- General

 8   2.          Law to be construed not to exceed legislative power of Legislature
 9         (1)   This Law is to be construed as operating to the full extent of, but so as
10               not to exceed, the legislative power of the Legislature of this
11               jurisdiction.
12         (2)   If a provision of this Law, or the application of a provision of this
13               Law to a person, subject matter or circumstance, would, but for this
14               clause, be construed as being in excess of the legislative power of the
15               Legislature of this jurisdiction --
16                 (a)   it is a valid provision to the extent to which it is not in excess
17                       of the power; and
18                 (b)   the remainder of this Law, and the application of the
19                       provision to other persons, subject matters or circumstances,
20                       is not affected.
21         (3)   This clause applies to this Law in addition to, and without limiting the
22               effect of, any provision of this Law.

23   3.          Every section to be a substantive enactment
24               Every section of this Law has effect as a substantive enactment
25               without introductory words.

26   4.          Material that is, and is not, part of this Law
27         (1)   The heading to a Part, Division or Subdivision into which this Law is
28               divided is part of this Law.
29         (2)   A Schedule to this Law is part of this Law.

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 1        (3)   Punctuation in this Law is part of this Law.
 2        (4)   A heading to a section or subsection of this Law does not form part of
 3              this Law.
 4        (5)   Notes included in this Law (including footnotes and endnotes) do not
 5              form part of this Law.

 6   5.         References to particular Acts and to enactments
 7              In this Law --
 8                (a)   an Act of this jurisdiction may be cited --
 9                         (i)   by its short title; or
10                        (ii)   by reference to the year in which it was passed and its
11                               number;
12                      and
13                (b)   a Commonwealth Act may be cited --
14                         (i)   by its short title; or
15                        (ii)   in another way sufficient in a Commonwealth Act for
16                               the citation of such an Act,
17                      together with a reference to the Commonwealth; and
18                (c)   an Act of another jurisdiction may be cited --
19                         (i)   by its short title; or
20                        (ii)   in another way sufficient in an Act of the jurisdiction
21                               for the citation of such an Act,
22                      together with a reference to the jurisdiction.

23   6.         References taken to be included in Act or Law citation etc.
24        (1)   A reference in this Law to an Act includes a reference to --
25                (a)   the Act as originally enacted, and as amended from time to
26                      time since its original enactment; and
27                (b)   if the Act has been repealed and re-enacted (with or without
28                      modification) since the enactment of the reference -- the Act
29                      as re-enacted, and as amended from time to time since its
30                      re-enactment.




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     cl. 7



 1        (2)   A reference in this Law to a provision of this Law or of an Act
 2              includes a reference to --
 3                (a)   the provision as originally enacted, and as amended from
 4                      time to time since its original enactment; and
 5                (b)   if the provision has been omitted and re-enacted (with or
 6                      without modification) since the enactment of the reference --
 7                      the provision as re-enacted, and as amended from time to
 8                      time since its re-enactment.
 9        (3)   Subclauses (1) and (2) apply to a reference in this Law to a law of the
10              Commonwealth or another jurisdiction as they apply to a reference in
11              this Law to an Act and to a provision of an Act.

12   7.         Interpretation best achieving Law's purpose
13        (1)   In the interpretation of a provision of this Law, the interpretation that
14              will best achieve the purpose or object of this Law is to be preferred
15              to any other interpretation.
16        (2)   Subclause (1) applies whether or not the purpose is expressly stated in
17              this Law.

18   8.         Use of extrinsic material in interpretation
19        (1)   In this clause --
20              extrinsic material means relevant material not forming part of this
21              Law, including, for example --
22                (a)   material that is set out in the document containing the text of
23                      this Law as printed by the Government Printer; and
24                (b)   a relevant report of a Royal Commission, Law Reform
25                      Commission, commission or committee of inquiry, or a
26                      similar body, that was laid before the Parliament of this
27                      jurisdiction before the provision concerned was enacted; and
28                (c)   a relevant report of a committee of the Parliament of this
29                      jurisdiction that was made to the Parliament before the
30                      provision was enacted; and
31                (d)   a treaty or other international agreement that is mentioned in
32                      this Law; and
33                (e)   an explanatory note or memorandum relating to the Bill that
34                      contained the provision, or any relevant document, that was

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 1                 laid before, or given to the members of, the Parliament of this
 2                 jurisdiction by the member bringing in the Bill before the
 3                 provision was enacted; and
 4           (f)   the speech made to the Parliament of this jurisdiction by the
 5                 member in moving a motion that the Bill be read a second
 6                 time; and
 7           (g)   material in the Votes and Proceedings of the Parliament of
 8                 this jurisdiction or in any official record of debates in the
 9                 Parliament of this jurisdiction; and
10           (h)   a document that is declared by this Law to be a relevant
11                 document for the purposes of this clause;
12         ordinary meaning means the ordinary meaning conveyed by a
13         provision having regard to its context in this Law and to the purpose
14         of this Law.
15   (2)   Subject to subclause (3), in the interpretation of a provision of this
16         Law, consideration may be given to extrinsic material capable of
17         assisting in the interpretation --
18           (a)   if the provision is ambiguous or obscure -- to provide an
19                 interpretation of it; or
20           (b)   if the ordinary meaning of the provision leads to a result that
21                 is manifestly absurd or is unreasonable -- to provide an
22                 interpretation that avoids such a result; or
23           (c)   in any other case -- to confirm the interpretation conveyed
24                 by the ordinary meaning of the provision.
25   (3)   In determining whether consideration should be given to extrinsic
26         material, and in determining the weight to be given to extrinsic
27         material, regard is to be had to --
28           (a)   the desirability of a provision being interpreted as having its
29                 ordinary meaning; and
30           (b)   the undesirability of prolonging proceedings without
31                 compensating advantage; and
32           (c)   other relevant matters.




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     Schedule 7       Miscellaneous provisions relating to interpretation
     cl. 9



 1   9.          Effect of change of drafting practice and use of examples
 2               If --
 3                 (a)   a provision of this Law expresses an idea in particular words;
 4                       and
 5                 (b)   a provision enacted later appears to express the same idea in
 6                       different words for the purpose of implementing a different
 7                       legislative drafting practice, including, for example --
 8                         (i)    the use of a clearer or simpler style; or
 9                         (ii)   the use of gender-neutral language,
10                       the ideas must not be taken to be different merely because
11                       different words are used.
12   10.         Use of examples
13               If this Law includes an example of the operation of a provision --
14                 (a)   the example is not exhaustive; and
15                 (b)   the example does not limit, but may extend, the meaning of
16                       the provision; and
17                 (c)   the example and the provision are to be read in the context of
18                       each other and the other provisions of this Law, but, if the
19                       example and the provision so read are inconsistent, the
20                       provision prevails.
21   11.         Compliance with forms
22         (1)   If a form is prescribed or approved by or for the purpose of this Law,
23               strict compliance with the form is not necessary and substantial
24               compliance is sufficient.
25         (2)   If a form prescribed or approved by or for the purpose of this Law
26               requires --
27                 (a)   the form to be completed in a specified way; or
28                 (b)   specified information or documents to be included in,
29                       attached to or given with the form; or
30                 (c)   the form, or information or documents included in, attached
31                       to or given with the form, to be verified in a specified way,
32               the form is not properly completed unless the requirement is complied
33               with.

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                     Miscellaneous provisions relating to interpretation Schedule 7
                                                                              cl. 12



 1                             Part 3 -- Terms and references

 2   12.         Terms used
 3         (1)   In this Law --
 4               Act means an Act of the Legislature of this jurisdiction;
 5               adult means an individual who is 18 years or more;
 6               affidavit, in relation to a person allowed by law to affirm, declare or
 7               promise, includes affirmation, declaration and promise;
 8               amend includes --
 9                 (a)   omit or omit and substitute; or
10                 (b)   alter or vary; or
11                 (c)   amend by implication;
12               appoint includes reappoint;
13               Australia means the Commonwealth of Australia but, when used in a
14               geographical sense, does not include an external Territory;
15               business day means a day that is not --
16                 (a)   a Saturday or Sunday; or
17                 (b)   a public holiday, special holiday or bank holiday in the place
18                       in which any relevant act is to be or may be done;
19               calendar month means a period starting at the beginning of any day
20               of one of the 12 named months and ending --
21                 (a)   immediately before the beginning of the corresponding day of
22                       the next named month; or
23                 (b)   if there is no such corresponding day -- at the end of the next
24                       named month;
25               calendar year means a period of 12 months beginning on 1 January;
26               commencement, in relation to this Law or an Act or a provision of
27               this Law or an Act, means the time at which this Law, the Act or
28               provision comes into operation;
29               Commonwealth means the Commonwealth of Australia but, when
30               used in a geographical sense, does not include an external Territory;
31               confer, in relation to a function, includes impose;
32               contravene includes fail to comply with;


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     cl. 12



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

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         Miscellaneous provisions relating to interpretation Schedule 7
                                                                  cl. 12



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

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     cl. 12



 1              omit, in relation to a provision of this Law or an Act, includes repeal;
 2              party includes an individual or a body politic or corporate;
 3              penalty includes forfeiture or punishment;
 4              person includes an individual or a body politic or corporate;
 5              power includes authority;
 6              prescribed means prescribed by, or by regulations made or in force
 7              for the purposes of or under, this Law;
 8              printed includes typewritten, lithographed or reproduced by any
 9              mechanical means;
10              proceeding means a legal or other action or proceeding;
11              property means any legal or equitable estate or interest (whether
12              present or future, vested or contingent, or tangible or intangible) in
13              real or personal property of any description (including money), and
14              includes things in action;
15              provision, in relation to this Law or an Act, means words or other
16              matter that form or forms part of this Law or the Act, and includes --
17                (a)   a Chapter, Part, Division, Subdivision, section, subsection,
18                      paragraph, subparagraph, sub-subparagraph or Schedule of or
19                      to this Law or the Act; or
20                (b)   a section, clause, subclause, item, column, table or form of or
21                      in a Schedule to this Law or the Act; or
22                (c)   the long title and any preamble to the Act;
23              record includes information stored or recorded by means of a
24              computer;
25              repeal includes --
26                (a)   revoke or rescind; or
27                (b)   repeal by implication; or
28                (c)   abrogate or limit the effect of this Law or instrument
29                      concerned; or
30                (d)   exclude from, or include in, the application of this Law or
31                      instrument concerned any person, subject matter or
32                      circumstance;
33              sign includes the affixing of a seal or the making of a mark;



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                     Miscellaneous provisions relating to interpretation Schedule 7
                                                                              cl. 13



 1               statutory declaration means a declaration made under an Act, or
 2               under a Commonwealth Act or an Act of another jurisdiction, that
 3               authorises a declaration to be made otherwise than in the course of a
 4               judicial proceeding;
 5               statutory instrument means an instrument (including a regulation)
 6               made or in force under or for the purposes of this Law, and includes
 7               an instrument made or in force under any such instrument;
 8               swear, in relation to a person allowed by law to affirm, declare or
 9               promise, includes affirm, declare or promise;
10               word includes any symbol, figure or drawing;
11               writing includes any mode of representing or reproducing words in a
12               visible form.
13         (2)   In a statutory instrument --
14               the Law means this Law.

15   13.         Provisions relating to defined terms and gender and number
16         (1)   If this Law defines a word or expression, other parts of speech and
17               grammatical forms of the word or expression have corresponding
18               meanings.
19         (2)   Definitions in or applicable to this Law apply except so far as the
20               context or subject matter otherwise indicates or requires.
21         (3)   In this Law, words indicating a gender include each other gender.
22         (4)   In this Law --
23                 (a)   words in the singular include the plural; and
24                 (b)   words in the plural include the singular.

25   14.         Meaning of "may" and "must" etc.
26         (1)   In this Law, the word may, or a similar word or expression, used in
27               relation to a power indicates that the power may be exercised or not
28               exercised, at discretion.
29         (2)   In this Law, the word must, or a similar word or expression, used in
30               relation to a power indicates that the power is required to be
31               exercised.
32         (3)   This clause has effect despite any rule of construction to the contrary.

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     cl. 15



 1   15.         Words and expressions used in statutory instruments
 2         (1)   Words and expressions used in a statutory instrument have the same
 3               meanings as they have, from time to time, in this Law, or relevant
 4               provisions of this Law, under or for the purposes of which the
 5               instrument is made or in force.
 6         (2)   This clause has effect in relation to an instrument except so far as the
 7               contrary intention appears in the instrument.

 8   16.         Effect of express references to bodies corporate and individuals
 9               In this Law, a reference to a person generally (whether the expression
10               "person", "party", "someone", "anyone", "no-one", "one", "another"
11               or "whoever" or another expression is used) --
12                 (a)   does not exclude a reference to a body corporate or an
13                       individual merely because elsewhere in this Law there is
14                       particular reference to a body corporate (however expressed);
15                       and
16                 (b)   does not exclude a reference to a body corporate or an
17                       individual merely because elsewhere in this Law there is
18                       particular reference to an individual (however expressed).

19   17.         Production of records kept in computers etc.
20               If a person who keeps a record of information by means of a
21               mechanical, electronic or other device is required by or under this
22               Law --
23                 (a)   to produce the information or a document containing the
24                       information to a court, tribunal or person; or
25                 (b)   to make a document containing the information available for
26                       inspection by a court, tribunal or person,
27               then, unless the court, tribunal or person otherwise directs --
28                 (c)   the requirement obliges the person to produce or make
29                       available for inspection, as the case may be, a document that
30                       reproduces the information in a form capable of being
31                       understood by the court, tribunal or person; and
32                 (d)   the production to the court, tribunal or person of the
33                       document in that form complies with the requirement.


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                                                                        cl. 18



 1   18.   References to this jurisdiction to be implied
 2         In this Law --
 3           (a)   a reference to an officer, office or statutory body is a
 4                 reference to such an officer, office or statutory body in and
 5                 for this jurisdiction; and
 6           (b)   a reference to a locality or other matter or thing is a reference
 7                 to such a locality or other matter or thing in and of this
 8                 jurisdiction.

 9   19.   References to officers and holders of offices
10         In this Law, a reference to a particular officer, or to the holder of a
11         particular office, includes a reference to the person for the time being
12         occupying or acting in the office concerned.

13   20.   Reference to certain provisions of Law
14         If a provision of this Law refers --
15           (a)   to a Part, section or Schedule by a number and without
16                 reference to this Law -- the reference is a reference to the
17                 Part, section or Schedule, designated by the number, of or to
18                 this Law; or
19           (b)   to a Schedule without reference to it by a number and without
20                 reference to this Law -- the reference, if there is only one
21                 Schedule to this Law, is a reference to the Schedule; or
22           (c)   to a Division, Subdivision, subsection, paragraph,
23                 subparagraph, sub-subparagraph, clause, subclause, item,
24                 column, table or form by a number and without reference to
25                 this Law -- the reference is a reference to --
26                    (i)   the Division, designated by the number, of the Part in
27                          which the reference occurs; and
28                   (ii)   the Subdivision, designated by the number, of the
29                          Division in which the reference occurs; and
30                  (iii)   the subsection, designated by the number, of the
31                          section in which the reference occurs; and
32                  (iv)    the paragraph, designated by the number, of the
33                          section, subsection, Schedule or other provision in
34                          which the reference occurs; and


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 1                           (v)     the paragraph, designated by the number, of the
 2                                   clause, subclause, item, column, table or form of or in
 3                                   the Schedule in which the reference occurs; and
 4                          (vi)     the subparagraph, designated by the number, of the
 5                                   paragraph in which the reference occurs; and
 6                         (vii)     the sub-subparagraph, designated by the number, of
 7                                   the subparagraph in which the reference occurs; and
 8                        (viii)     the section, clause, subclause, item, column, table or
 9                                   form, designated by the number, of or in the Schedule
10                                   in which the reference occurs,
11                        as the case requires.

12   21.         Reference to provisions of this Law or an Act is inclusive
13               In this Law, a reference to a portion of this Law or an Act includes --
14                 (a)    a reference to the Chapter, Part, Division, Subdivision,
15                        section, subsection or other provision of this Law or the Act
16                        referred to that forms the beginning of the portion; and
17                 (b)    a reference to the Chapter, Part, Division, Subdivision,
18                        section, subsection or other provision of this Law or the Act
19                        referred to that forms the end of the portion.
20               Example: A reference to "sections 5 to 9" includes both section 5 and
21               section 9.

22               It is not necessary to refer to "sections 5 to 9 (both inclusive)" to ensure that
23               the reference is given an inclusive interpretation.

24                                 Part 4 -- Functions and powers

25   22.         Performance of statutory functions
26         (1)   If this Law confers a function or power on a person or body, the
27               function may be performed, or the power may be exercised, from time
28               to time as occasion requires.
29         (2)   If this Law confers a function or power on a particular officer or the
30               holder of a particular office, the function may be performed, or the
31               power may be exercised, by the person for the time being occupying
32               or acting in the office concerned.



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 1         (3)   If this Law confers a function or power on a body (whether or not
 2               incorporated), the performance of the function, or the exercise of the
 3               power, is not affected merely because of vacancies in the membership
 4               of the body.

 5   23.         Power to make instrument or decision includes power to amend
 6               or repeal
 7               If this Law authorises or requires the making of an instrument or
 8               decision --
 9                 (a)   the power includes power to amend or repeal the instrument
10                       or decision; and
11                 (b)   the power to amend or repeal the instrument or decision is
12                       exercisable in the same way, and subject to the same
13                       conditions, as the power to make the instrument or decision.

14   24.         Matters for which statutory instruments may make provision
15         (1)   If this Law authorises or requires the making of a statutory instrument
16               in relation to a matter, a statutory instrument made under this Law
17               may make provision for the matter by applying, adopting or
18               incorporating (with or without modification) the provisions of --
19                 (a)   an Act or statutory instrument; or
20                 (b)   another document (whether of the same or a different kind),
21               as in force at a particular time or as in force from time to time.
22         (2)   If a statutory instrument applies, adopts or incorporates the provisions
23               of a document, the statutory instrument applies, adopts or incorporates
24               the provisions as in force from time to time, unless the statutory
25               instrument otherwise expressly provides.
26         (3)   A statutory instrument may --
27                 (a)   apply generally throughout this jurisdiction or be limited in
28                       its application to a particular part of this jurisdiction; or
29                 (b)   apply generally to all persons, matters or things or be limited
30                       in its application to --
31                            (i)   particular persons, matters or things; or
32                         (ii)     particular classes of persons, matters or things;
33                       or

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

27   25.         Presumption of validity and power to make
28         (1)   All conditions and preliminary steps required for the making of a
29               statutory instrument are presumed to have been satisfied and
30               performed in the absence of evidence to the contrary.
31         (2)   A statutory instrument is taken to be made under all powers under
32               which it may be made, even though it purports to be made under this
33               Law or a particular provision of this Law.


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 1   26.         Appointments may be made by name or office
 2         (1)   If this Law authorises or requires a person or body --
 3                 (a)    to appoint a person to an office; or
 4                 (b)    to appoint a person or body to exercise a power; or
 5                 (c)    to appoint a person or body to do another thing,
 6               the person or body may make the appointment by --
 7                 (d)    appointing a person or body by name; or
 8                 (e)    appointing a particular officer, or the holder of a particular
 9                        office, by reference to the title of the office concerned.
10         (2)   An appointment of a particular officer, or the holder of a particular
11               office, is taken to be the appointment of the person for the time being
12               occupying or acting in the office concerned.

13   27.         Acting appointments
14         (1)   If this Law authorises a person or body to appoint a person to act in an
15               office, the person or body may, in accordance with this Law,
16               appoint --
17                 (a)    a person by name; or
18                 (b)    a particular officer, or the holder of a particular office, by
19                        reference to the title of the office concerned,
20               to act in the office.
21         (2)   The appointment may be expressed to have effect only in the
22               circumstances specified in the instrument of appointment.
23         (3)   The appointer may --
24                 (a)    determine the terms and conditions of the appointment,
25                        including remuneration and allowances; and
26                 (b)    terminate the appointment at any time.
27         (4)   The appointment, or the termination of the appointment, must be in,
28               or evidenced by, writing signed by the appointer.
29         (5)   The appointee must not act for more than one year during a vacancy
30               in the office.



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 1         (6)   If the appointee is acting in the office otherwise than because of a
 2               vacancy in the office and the office becomes vacant, then, subject to
 3               subclause (2), the appointee may continue to act until --
 4                 (a)   the appointer otherwise directs; or
 5                 (b)   the vacancy is filled; or
 6                 (c)   the end of a year from the day of the vacancy,
 7               whichever happens first.
 8         (7)   The appointment ceases to have effect if the appointee resigns by
 9               writing signed and delivered to the appointer.
10         (8)   While the appointee is acting in the office --
11                 (a)   the appointee has all the powers and functions of the holder
12                       of the office; and
13                 (b)   this Law and other laws apply to the appointee as if the
14                       appointee were the holder of the office.
15         (9)   Anything done by or in relation to a person purporting to act in the
16               office is not invalid merely because --
17                 (a)   the occasion for the appointment had not arisen; or
18                 (b)   the appointment had ceased to have effect; or
19                 (c)   the occasion for the person to act had not arisen or had
20                       ceased.
21     (10)      If this Law authorises the appointer to appoint a person to act during a
22               vacancy in the office, an appointment to act in the office may be made
23               by the appointer whether or not an appointment has previously been
24               made to the office.

25   28.         Powers of appointment imply certain incidental powers
26         (1)   If this Law authorises or requires a person or body to appoint a person
27               to an office --
28                 (a)   the power may be exercised from time to time as occasion
29                       requires; and
30                 (b)   the power includes --
31                          (i)   power to remove or suspend, at any time, a person
32                                appointed to the office; and


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 1                         (ii)   power to appoint another person to act in the office if
 2                                a person appointed to the office is removed or
 3                                suspended; and
 4                        (iii)   power to reinstate or reappoint a person removed or
 5                                suspended; and
 6                        (iv)    power to appoint a person to act in the office if it is
 7                                vacant (whether or not the office has ever been
 8                                filled); and
 9                         (v)    power to appoint a person to act in the office if the
10                                person appointed to the office is absent or is unable to
11                                discharge the functions of the office (whether because
12                                of illness or otherwise).
13         (2)   The power to remove or suspend a person under subclause (1)(b) may
14               be exercised even if this Law provides that the holder of the office to
15               which the person was appointed is to hold office for a specified
16               period.
17         (3)   The power to make an appointment under subclause (1)(b) may be
18               exercised from time to time as occasion requires.
19         (4)   An appointment under subclause (1)(b) may be expressed to have
20               effect only in the circumstances specified in the instrument of
21               appointment.

22   29.         Delegation of functions
23         (1)   If this Law authorises a person or body to delegate a function, the
24               person or body may, in accordance with this Law and any other
25               applicable law, delegate the function to --
26                 (a)   a person or body by name; or
27                 (b)   a specified officer, or the holder of a specified office, by
28                       reference to the title of the office concerned.
29         (2)   The delegation may be --
30                 (a)   general or limited; and
31                 (b)   made from time to time; and
32                 (c)   revoked, wholly or partly, by the delegator.




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 1      (3)     The delegation, or a revocation of the delegation, must be in, or
 2              evidenced by, writing signed by the delegator or, if the delegator is a
 3              body, by a person authorised by the body for the purpose.
 4      (4)     A delegated function may be exercised only in accordance with any
 5              conditions to which the delegation is subject.
 6      (5)     The delegate may, in the performance of a delegated function, do
 7              anything that is incidental to the delegated function.
 8      (6)     A delegated function that purports to have been exercised by the
 9              delegate is taken to have been properly exercised by the delegate
10              unless the contrary is proved.
11      (7)     A delegated function that is properly exercised by the delegate is
12              taken to have been exercised by the delegator.
13      (8)     If, when exercised by the delegator, a function is dependent on the
14              delegator's opinion, belief or state of mind, then, when exercised by
15              the delegate, the function is dependent on the delegate's opinion,
16              belief or state of mind.
17      (9)     If --
18                (a)    the delegator is a specified officer or the holder of a specified
19                       office; and
20                (b)    the person who was the specified officer or holder of the
21                       specified office when the delegation was made ceases to be
22                       the holder of the office,
23              then --
24                (c)    the delegation continues in force; and
25                (d)    the person for the time being occupying or acting in the office
26                       concerned is taken to be the delegator for the purposes of this
27                       section.
28     (10)     If --
29                (a)    the delegator is a body; and
30                (b)    there is a change in the membership of the body,
31              then --
32                (c)    the delegation continues in force; and


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 1                 (d)    the body as constituted for the time being is taken to be the
 2                        delegator for the purposes of this section.
 3     (11)      If a function is delegated to a specified officer or the holder of a
 4               specified office --
 5                 (a)    the delegation does not cease to have effect merely because
 6                        the person who was the specified officer or the holder of the
 7                        specified office when the function was delegated ceases to be
 8                        the officer or the holder of the office; and
 9                 (b)    the function may be exercised by the person for the time
10                        being occupying or acting in the office concerned.
11     (12)      A function that has been delegated may, despite the delegation, be
12               exercised by the delegator.
13     (13)      The delegation of a function does not relieve the delegator of the
14               delegator's obligation to ensure that the function is properly
15               exercised.
16     (14)      Subject to subsection (15), this clause applies to a subdelegation of a
17               function in the same way as it applies to a delegation of a function.
18     (15)      If this Law authorises the delegation of a function, the function may
19               be subdelegated only if the Law expressly authorises the function to
20               be subdelegated.

21   30.         Exercise of powers between enactment and commencement
22         (1)   If a provision of this Law (the empowering provision) that does not
23               commence on its enactment would, had it commenced, confer a
24               power --
25                 (a)    to make an appointment; or
26                 (b)    to make a statutory instrument of a legislative or
27                        administrative character; or
28                 (c)    to do another thing,
29               then --
30                 (d)    the power may be exercised; and




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 1                (e)    anything may be done for the purpose of enabling the
 2                       exercise of the power or of bringing the appointment,
 3                       instrument or other thing into effect,
 4              before the empowering provision commences.
 5      (2)     If a provision of an Act (the empowering provision) that does not
 6              commence on its enactment would, had it commenced, amend a
 7              provision of this Law so that it would confer a power --
 8                (a)    to make an appointment; or
 9                (b)    to make a statutory instrument of a legislative or
10                       administrative character; or
11                (c)    to do another thing,
12              then --
13                (d)    the power may be exercised; and
14                (e)    anything may be done for the purpose of enabling the
15                       exercise of the power or of bringing the appointment,
16                       instrument or other thing into effect,
17              before the empowering provision commences.
18      (3)     If --
19                (a)    this Law has commenced and confers a power to make a
20                       statutory instrument (the basic instrument-making power);
21                       and
22                (b)    a provision of an Act that does not commence on its
23                       enactment would, had it commenced, amend this Law so as to
24                       confer additional power to make a statutory instrument (the
25                       additional instrument-making power),
26              then --
27                (c)    the basic instrument-making power and the additional
28                       instrument-making power may be exercised by making a
29                       single instrument; and
30                (d)    any provision of the instrument that required an exercise of
31                       the additional instrument-making power is to be treated as
32                       made under subclause (2).




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 1   (4)   If an instrument, or a provision of an instrument, is made under
 2         subclause (1) or (2) that is necessary for the purpose of --
 3           (a)   enabling the exercise of a power mentioned in the subclause;
 4                 or
 5           (b)   bringing an appointment, instrument or other thing made or
 6                 done under such a power into effect,
 7         the instrument or provision takes effect --
 8           (c)   on the making of the instrument; or
 9           (d)   on such later day (if any) on which, or at such later time
10                 (if any) at which, the instrument or provision is expressed to
11                 take effect.
12   (5)   If --
13           (a)   an appointment is made under subclause (1) or (2); or
14           (b)   an instrument, or a provision of an instrument, made under
15                 subclause (1) or (2) is not necessary for a purpose mentioned
16                 in subclause (4),
17         the appointment, instrument or provision takes effect --
18           (c)   on the commencement of the relevant empowering provision;
19                 or
20           (d)   on such later day (if any) on which, or at such later time
21                 (if any) at which, the appointment, instrument or provision is
22                 expressed to take effect.
23   (6)   Anything done under subclause (1) or (2) does not confer a right, or
24         impose a liability, on a person before the relevant empowering
25         provision commences.
26   (7)   After the enactment of a provision mentioned in subclause (2) but
27         before the provision's commencement, this clause applies as if the
28         references in subclauses (2) and (5) to the commencement of the
29         empowering provision were references to the commencement of the
30         provision mentioned in subclause (2) as amended by the empowering
31         provision.
32   (8)   In the application of this clause to a statutory instrument, a reference
33         to the enactment of the instrument is a reference to the making of the
34         instrument.


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 1                             Part 5 -- Distance, time and age

 2   31.         Matters relating to distance, time and age
 3         (1)   In the measurement of distance for the purposes of this Law, the
 4               distance is to be measured along the shortest road ordinarily used for
 5               travelling.
 6         (2)   If a period beginning on a given day, act or event is provided or
 7               allowed for a purpose by this Law, the period is to be calculated by
 8               excluding the day, or the day of the act or event, and --
 9                 (a)    if the period is expressed to be a specified number of clear
10                        days or at least a specified number of days -- by excluding
11                        the day on which the purpose is to be fulfilled; and
12                 (b)    in any other case -- by including the day on which the
13                        purpose is to be fulfilled.
14         (3)   If the last day of a period provided or allowed by this Law for doing
15               anything is not a business day in the place in which the thing is to be
16               or may be done, the thing may be done on the next business day in the
17               place.
18         (4)   If the last day of a period provided or allowed by this Law for the
19               filing or registration of a document is a day on which the office is
20               closed where the filing or registration is to be or may be done, the
21               document may be filed or registered at the office on the next day that
22               the office is open.
23         (5)   If no time is provided or allowed for doing anything, the thing is to be
24               done as soon as possible, and as often as the prescribed occasion
25               happens.
26         (6)   If, in this Law, there is a reference to time, the reference is, in relation
27               to the doing of anything in a jurisdiction, a reference to the legal time
28               in the jurisdiction.
29         (7)   For the purposes of this Law, a person attains an age in years at the
30               beginning of the person's birthday for the age.




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 1                 Part 6 -- Effect of repeal, amendment or expiration

 2   32.         Time of Law ceasing to have effect
 3               If a provision of this Law is expressed --
 4                 (a)   to expire on a specified day; or
 5                 (b)   to remain or continue in force, or otherwise have effect, until
 6                       a specified day,
 7               the provision has effect until the last moment of the specified day.

 8   33.         Repealed Law provisions not revived
 9               If a provision of this Law is repealed or amended by an Act, or a
10               provision of an Act, the provision is not revived merely because the
11               Act or the provision of the Act --
12                 (a)   is later repealed or amended; or
13                 (b)   later expires.

14   34.         Saving of operation of repealed Law provisions
15         (1)   The repeal, amendment or expiry of a provision of this Law does
16               not --
17                 (a)   revive anything not in force or existing at the time the repeal,
18                       amendment or expiry takes effect; or
19                 (b)   affect the previous operation of the provision or anything
20                       suffered, done or begun under the provision; or
21                 (c)   affect a right, privilege or liability acquired, accrued or
22                       incurred under the provision; or
23                 (d)   affect a penalty incurred in relation to an offence arising
24                       under the provision; or
25                 (e)   affect an investigation, proceeding or remedy in relation to
26                       such a right, privilege, liability or penalty.
27         (2)   Any such penalty may be imposed and enforced, and any such
28               investigation, proceeding or remedy may be begun, continued or
29               enforced, as if the provision had not been repealed or amended or had
30               not expired.




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 1   35.         Continuance of repealed provisions
 2               If an Act repeals some provisions of this Law and enacts new
 3               provisions in substitution for the repealed provisions, the repealed
 4               provisions continue in force until the new provisions commence.

 5   36.         Law and amending Acts to be read as one
 6               This Law and all Acts amending this Law are to be read as one.

 7                            Part 7 -- Instruments under Law

 8   37.         Schedule applies to statutory instruments
 9         (1)   This Schedule applies to a statutory instrument, and to things that may
10               be done or are required to be done under a statutory instrument, in the
11               same way as it applies to this Law, and things that may be done or are
12               required to be done under this Law, except so far as the context or
13               subject matter otherwise indicates or requires.
14         (2)   The fact that a provision of this Schedule refers to this Law and not
15               also to a statutory instrument does not, by itself, indicate that the
16               provision is intended to apply only to this Law.

17                           Part 8 -- Application to coastal sea

18   38.         Application
19               This Law has effect in and relation to the coastal sea of this
20               jurisdiction as if that coastal sea were part of this jurisdiction.

21




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                                                                                          Defined Terms



                                    Defined Terms
     [This is a list of terms defined and the provisions where they are defined.
                            The list is not part of the law.]
Defined Term                                                                                         Provision(s)
accreditation authority .............................................................................. Sch. s. 5
accreditation committee ............................................................................ Sch. s. 5
accreditation function.............................................................................. Sch. s. 42
accreditation standard ............................................................................... Sch. s. 5
accredited programme of study................................................................. Sch. s. 5
Act ......................................................................................... Sch. Sch. 7 cl. 12(1)
additional instrument-making power ..................................... Sch. Sch. 7 cl. 30(3)
adjudication body......................................................................... Sch. s. 5, 292(3)
adult ....................................................................................... Sch. Sch. 7 cl. 12(1)
Advisory Council...................................................................................... Sch. s. 5
affidavit.................................................................................. Sch. Sch. 7 cl. 12(1)
Agency Fund............................................................................................. Sch. s. 5
Agency Management Committee.............................................................. Sch. s. 5
amend..................................................................................... Sch. Sch. 7 cl. 12(1)
appellable decision........................................................................... Sch. s. 199(1)
appoint ................................................................................... Sch. Sch. 7 cl. 12(1)
appropriate health profession ........................................................... Sch. s. 123(2)
appropriate professional indemnity insurance arrangements .................... Sch. s. 5
appropriately qualified ....................................................................... Sch. s. 67(8)
approved accreditation standard................................................................ Sch. s. 5
approved area of practice .......................................................................... Sch. s. 5
approved programme of study ............................................................ Sch. s. 5, 86
approved qualification .............................................................................. Sch. s. 5
approved registration standard .................................................................. Sch. s. 5
assessment............................................................................................. Sch. s. 168
Australia................................................................................. Sch. Sch. 7 cl. 12(1)
Australian legal practitioner...................................................................... Sch. s. 5
basic instrument-making power ............................................. Sch. Sch. 7 cl. 30(3)
business day ........................................................................... Sch. Sch. 7 cl. 12(1)
calendar month....................................................................... Sch. Sch. 7 cl. 12(1)
calendar year .......................................................................... Sch. Sch. 7 cl. 12(1)
Chairperson........................................... Sch. Sch. 1 cl. 1, Sch. 2 cl. 1, Sch. 4 cl. 1
COAG Agreement .................................................................................... Sch. s. 5
commencement ...................................................................... Sch. Sch. 7 cl. 12(1)
commencement day .............................................................................. Sch. s. 250
Committee....................................................................................Sch. Sch. 2, cl. 1
Commonwealth...................................................................... Sch. Sch. 7 cl. 12(1)
community member ......................................................................Sch. Sch. 4 cl. 1
confer ..................................................................................... Sch. Sch. 7 cl. 12(1)


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Defined Terms



      contravene.............................................................................. Sch. Sch. 7 cl. 12(1)
      co-regulatory authority.............................................................................. Sch. s. 5
      co-regulatory jurisdiction.......................................................................... Sch. s. 5
      corresponding prior Act ............................................................................ Sch. s. 5
      corresponding purpose ............................................ Sch. s. 270(3), 272(3), 278(3)
      Council............................................................................................................. 4(4)
      country ................................................................................... Sch. Sch. 7 cl. 12(1)
      criminal history ......................................................................................... Sch. s. 5
      criminal history information .......................................................................... 10(1)
      criminal history law .................................................................................. Sch. s. 5
      CrimTrac................................................................................................... Sch. s. 5
      date of assent.......................................................................... Sch. Sch. 7 cl. 12(1)
      definition................................................................................ Sch. Sch. 7 cl. 12(1)
      division ..................................................................................................... Sch. s. 5
      document................................................................................ Sch. Sch. 7 cl. 12(1)
      duplicate warrant..............................................Sch. Sch. 5 cl. 7(5), Sch. 6 cl. 7(5)
      dutiable property .............................................................................................. 8(1)
      dutiable transaction .......................................................................................... 8(1)
      education provider .................................................................................... Sch. s. 5
      electronic communication...................................................... Sch. Sch. 7 cl. 12(1)
      employer .......................................................................................... Sch. s. 142(4)
      employment contract........................................................................ Sch. s. 295(2)
      empowering provision .................................................... Sch. Sch. 7 cl. 30(1), (2)
      entity ......................................................................................................... Sch. s. 5
      estate ...................................................................................... Sch. Sch. 7 cl. 12(1)
      exercise ..................................................................................................... Sch. s. 5
      expire ..................................................................................... Sch. Sch. 7 cl. 12(1)
      external accreditation entity ...................................................................... Sch. s. 5
      external Territory ................................................................... Sch. Sch. 7 cl. 12(1)
      extrinsic material...................................................................... Sch. Sch. 7 cl. 8(1)
      fail .......................................................................................... Sch. Sch. 7 cl. 12(1)
      financial year.......................................................................... Sch. Sch. 7 cl. 12(1)
      first Board .....................................................................................Sch. Sch. 4 cl. 9
      first health practitioner..................................................................... Sch. s. 141(1)
      FOI Act ............................................................................................ Sch. s. 215(4)
      foreign country....................................................................... Sch. Sch. 7 cl. 12(1)
      former Act...........................................................................................................17
      function .................................................................................. Sch. Sch. 7 cl. 12(1)
      Gazette ................................................................................... Sch. Sch. 7 cl. 12(1)
      Gazette notice ........................................................................ Sch. Sch. 7 cl. 12(1)
      gazetted .................................................................................. Sch. Sch. 7 cl. 12(1)
      general registration .......................................................................... Sch. s. 269(3)
      Government Printer................................................................ Sch. Sch. 7 cl. 12(1)
      health assessment...................................................................................... Sch. s. 5
      health complaints entity ............................................................................ Sch. s. 5

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                                                                                               Defined Terms



health panel ............................................................................................... Sch. s. 5
health practitioner ..................................................................................... Sch. s. 5
Health Practitioner Regulation National Law (Western Australia) ................. 3(2)
health profession ....................................................................................... Sch. s. 5
health profession agreement .......................................................... Sch. s. 5, 26(1)
health programme ..................................................................................... Sch. s. 5
health service ............................................................................................ Sch. s. 5
health service provider.............................................................................. Sch. s. 5
health services.................................................................................... Sch. s. 67(8)
health, conduct or performance action ...................................................... Sch. s. 5
homebirth......................................................................................... Sch. s. 284(5)
immediate action................................................................................... Sch. s. 155
impairment ................................................................................................ Sch. s. 5
individual ............................................................................... Sch. Sch. 7 cl. 12(1)
information management agency ..................................................... Sch. s. 218(4)
information system ................................................................ Sch. Sch. 7 cl. 12(1)
informed consent.............................................................................. Sch. s. 284(5)
insert ...................................................................................... Sch. Sch. 7 cl. 12(1)
instrument .............................................................................. Sch. Sch. 7 cl. 12(1)
interest.................................................................................... Sch. Sch. 7 cl. 12(1)
internal Territory.................................................................... Sch. Sch. 7 cl. 12(1)
Jervis Bay Territory ............................................................... Sch. Sch. 7 cl. 12(1)
large participating jurisdiction ......................................................... Sch. s. 33(11)
licensing authority............................................................................ Sch. s. 142(4)
local application provisions of this Act............................................................ 3(1)
local registration authority ................................................................ Sch. s. 5, 250
magistrate..............................................................................................................5
Magistrates Court..................................................................................................5
make....................................................................................... Sch. Sch. 7 cl. 12(1)
mandatory notification .............................................................................. Sch. s. 5
manipulation of the cervical spine ................................................... Sch. s. 123(2)
may ........................................................................................ Sch. Sch. 7 cl. 14(1)
medical practitioner ....................................................................... 12(1), Sch. s. 5
member ................................................. Sch. Sch. 1 cl. 1, Sch. 2 cl. 1, Sch. 4 cl. 1
midwife ............................................................................................ Sch. s. 284(5)
Ministerial Council ................................................................................... Sch. s. 5
minor...................................................................................... Sch. Sch. 7 cl. 12(1)
modification ........................................................................... Sch. Sch. 7 cl. 12(1)
month ..................................................................................... Sch. Sch. 7 cl. 12(1)
must........................................................................................ Sch. Sch. 7 cl. 14(2)
named month.......................................................................... Sch. Sch. 7 cl. 12(1)
National Agency ....................................................................................... Sch. s. 5
National Board............................................................................. Sch. s. 5, 284(5)
National Register ...................................................................................... Sch. s. 5
national registration and accreditation scheme ......................................... Sch. s. 5

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Defined Terms



      Northern Territory.................................................................. Sch. Sch. 7 cl. 12(1)
      notifiable conduct ................................................................................. Sch. s. 140
      notification ................................................................................................ Sch. s. 5
      notifier....................................................................................................... Sch. s. 5
      number ................................................................................... Sch. Sch. 7 cl. 12(1)
      oath ........................................................................................ Sch. Sch. 7 cl. 12(1)
      obstruct .......................................................Sch. Sch. 5 cl. 22(3) , Sch. 6 cl. 22(3)
      office ...................................................................................... Sch. Sch. 7 cl. 12(1)
      Ombudsman Act .............................................................................. Sch. s. 235(4)
      omit ........................................................................................ Sch. Sch. 7 cl. 12(1)
      optical appliance .............................................................................. Sch. s. 122(2)
      optometrist .............................................................................12(1), Sch. s. 122(2)
      ordinary meaning ..................................................................... Sch. Sch. 7 cl. 8(1)
      original warrant........................................................................ Sch. Sch. 5 cl. 7(3)
      orthoptist .......................................................................................... Sch. s. 122(2)
      other Board ...................................................................................Sch. Sch. 4 cl. 9
      other person.....................Sch. s. 165(1), 241(1), Sch. 5 cl. 18(1), Sch. 6 cl. 18(1)
      owner ..........................................................Sch. Sch. 5 cl. 18(6) , Sch. 6 cl. 18(6)
      panel.......................................................................................................... Sch. s. 5
      participating jurisdiction ........................................................................... Sch. s. 5
      participation day ................................................................................... Sch. s. 250
      particulars ............................................................................................... Sch. s. 86
      party ....................................................................................... Sch. Sch. 7 cl. 12(1)
      penalty.................................................................................... Sch. Sch. 7 cl. 12(1)
      performance and professional standards panel.......................................... Sch. s. 5
      performance assessment............................................................................ Sch. s. 5
      person..................................................................................... Sch. Sch. 7 cl. 12(1)
      police commissioner ................................................................................. Sch. s. 5
      power ..................................................................................... Sch. Sch. 7 cl. 12(1)
      prescribed............................................................................... Sch. Sch. 7 cl. 12(1)
      principal place of practice......................................................................... Sch. s. 5
      printed .................................................................................... Sch. Sch. 7 cl. 12(1)
      Privacy Act ...................................................................................... Sch. s. 213(4)
      private midwifery............................................................................. Sch. s. 284(5)
      proceeding.............................................................................. Sch. Sch. 7 cl. 12(1)
      professional misconduct............................................................................ Sch. s. 5
      programme of study .................................................................................. Sch. s. 5
      property.................................................................................. Sch. Sch. 7 cl. 12(1)
      protected information............................................................................ Sch. s. 214
      protected person............................................................................... Sch. s. 236(3)
      provision ................................................................................ Sch. Sch. 7 cl. 12(1)
      psychologist .............................................................................................. Sch. s. 5
      public health facility ................................................................................. Sch. s. 5
      public sector auditor................................................................. Sch. Sch. 3 cl. 8(7)
      recipient ................................................................................................ Sch. s. 248

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recognised specialty .................................................................................. Sch. s. 5
record ..................................................................................... Sch. Sch. 7 cl. 12(1)
registered health practitioner............................................Sch. s. 5, 128(3), 129(5)
registration authority................................................................................. Sch. s. 5
registration period ....................................Sch. s. 56(1), 61(1), 64(1), 72(1), 76(1)
registration standard.................................................................................. Sch. s. 5
registration status ...................................................................................... Sch. s. 5
regulated health service.................................................................... Sch. s. 133(4)
regulation .............................................................................Sch. s. 246(4), 247(4)
related health professionals.............................................................. Sch. s. 258(3)
relevant action.............................................................................. Sch. s. 5, 178(2)
relevant event................................................................................... Sch. s. 130(3)
relevant fee................................................................................................ Sch. s. 5
relevant health profession ..................................................................... Sch. s. 250
relevant law........................................................................................ Sch. s. 55(2)
relevant section ......................................................................Sch. s. 82(2), 102(3)
repeal...................................................................................... Sch. Sch. 7 cl. 12(1)
repealed Law......................................................................................... Sch. s. 250
responsible Minister.................................................................................. Sch. s. 5
responsible tribunal................................................................................... Sch. s. 5
restricted dental act .......................................................................... Sch. s. 121(2)
review period ............................................................................................ Sch. s. 5
savings and transitional provisions .................................................. Sch. s. 305(1)
scheduled medicine................................................................................... Sch. s. 5
second health practitioner ................................................................ Sch. s. 141(1)
second person................................................................................... Sch. s. 113(2)
secondment arrangement ................................................................. Sch. s. 261(3)
sign......................................................................................... Sch. Sch. 7 cl. 12(1)
small participating jurisdiction......................................................... Sch. s. 33(11)
specialist health practitioner ........................................................ Sch. s. 5, 270(3)
specialist title ............................................................................................ Sch. s. 5
Specialists Register ................................................................................... Sch. s. 5
specified......................................................................................................... 22(4)
State ................................................................................................... Sch. s. 10(2)
State or Territory Board ................................................................. Sch. s. 5, 36(1)
statutory declaration............................................................... Sch. Sch. 7 cl. 12(1)
statutory instrument ............................................................... Sch. Sch. 7 cl. 12(1)
student....................................................................................................... Sch. s. 5
student register.......................................................................................... Sch. s. 5
swear ...................................................................................... Sch. Sch. 7 cl. 12(1)
technical work.................................................................................. Sch. s. 121(2)
the Law .................................................................................. Sch. Sch. 7 cl. 12(2)
this jurisdiction .....................................................................................................5
transfer day ........................................................................................... Sch. s. 294
transition period ...................................................................Sch. s. 281(3), 284(5)

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      unincorporated Pharmaceutical Society........................................................... 4(4)
      unique identifier............................................................................... Sch. s. 233(2)
      unprofessional conduct ............................................................................. Sch. s. 5
      unsatisfactory professional performance................................................... Sch. s. 5
      Victorian Government Printer.......................................................... Sch. s. 245(5)
      voluntary notification................................................................................ Sch. s. 5
      word ....................................................................................... Sch. Sch. 7 cl. 12(1)
      writing.................................................................................... Sch. Sch. 7 cl. 12(1)




 


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