{"id":"a-1993-13","name":"Health Act 1993","slug":"health-act-1993","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"13 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23679,"registerId":"act-a-1993-13-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 104","content":"6 Expired transitional or validating provisions 104\n","sortOrder":0},{"sectionNumber":"7","sectionType":"section","heading":"Renumbered provisions 104","content":"7 Renumbered provisions 104\n\nAn Act relating to the provision of health services\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Health Act 1993.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘health facility—see section 6.’\nmeans that the term ‘health facility’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nImportant concepts Part 2\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"What is a health service?","content":"5 What is a health service?\nFor this Act, a health service is a service provided to someone\n(the service user) for any of the following purposes:\n(a) assessing, recording, maintaining or improving the physical,\nmental or emotional health, comfort or wellbeing of the service\nuser;\n(b) diagnosing, treating or preventing an illness, disability, disorder\nor condition of the service user.\n6 What is a health facility?\nhealth facility means the following facilities where health services\nare provided:\n(a) a hospital, including a day hospital;\n(b) a hospice;\n(c) a nursing home;\n(d) a health practitioner’s consulting room;\n(e) another facility ordinarily used by the Territory to provide health\nservices;\n(f) any other facility prescribed by regulation for this section.\n\n7 Who is a health service provider?\nhealth service provider—\n(a) means a health practitioner or other person who provides a\nhealth service; and\n(b) for a health facility, means a health service provider who—\n(i) provides a health service at the health facility; or\n(ii) uses the equipment or other facilities of the health facility\nto provide a health service elsewhere.\nExamples of people who may be health service providers\n1 a chiropractor\n2 a dentist\n3 a dental technician\n4 a dental prosthetist\n5 a doctor\n6 a nurse\n7 an osteopath\n8 an optometrist\n9 a pharmacist\n10 a physiotherapist\n\nHealth care principles Part 3\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Objectives","content":"10 Objectives\nIn providing health services the Territory must have regard to the\nfollowing objectives:\n(a) to improve the efficiency, effectiveness and quality of health\nservices;\n(b) to guarantee equitable access to and participation in health\nservices and to ensure that language and cultural differences are\nnot barriers to such access or participation;\n(c) to maintain a strong and viable public hospital system and a full\nrange of community health services;\n(d) to support worker and community participation in the\ndevelopment of policies for the delivery of health services;\n(e) to ensure that the community is aware of the range of health\nservices that is available and that patients have information that\nis sufficient to enable them to make informed choices;\n(f) to foster disease prevention and primary health care;\n(g) to cooperate with community groups in the provision of health\nservices.\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Medicare principles and commitments","content":"11 Medicare principles and commitments\n(1) The following guidelines govern the delivery of public hospital\nservices to eligible persons in the ACT:\nNote The guidelines focus on the provision of public hospital services to\neligible persons, but operate in an environment where eligible persons\nhave the right to choose private health care in public and private hospitals\nsupported by private health insurance.\n\n(a) eligible persons must be given the choice to receive public\nhospital services free of charge as public patients;\nNote 1 Hospital services include in-patient, outpatient, emergency\nservices (including primary care where appropriate) and day\npatient services consistent with currently acceptable medical and\nhealth service standards.\nNote 2 At the time of admission to a hospital, or as soon as practicable\nafter that, an eligible person will be required to elect or confirm\nwhether the person wishes to be treated as a public or private\npatient.\n(b) access to public hospital services is to be on the basis of clinical\nneed;\nNote 1 None of the following factors are to be a determinant of an eligible\nperson’s priority for receiving hospital services:\n(a) whether or not an eligible person has health insurance;\n(b) an eligible person’s financial status or place of residence;\n(c) whether or not an eligible person intends to elect, or elects,\nto be treated as a public or private patient.\nNote 2 This guideline applies equally to waiting times for elective surgery.\n(c) to the maximum practicable extent, the Territory will ensure the\nprovision of public hospital services equitably to all eligible\npersons, regardless of their geographical location;\nNote 1 This guideline does not require a local hospital to be equipped to\nprovide eligible persons with every hospital service they may need.\nNote 2 In rural and remote areas, the Territory should ensure provision of\nreasonable public access to a basic range of hospital services that\nare in accord with clinical practices.\n\nHealth care principles Part 3\n(d) the Commonwealth and the Territory must make available\ninformation on the public hospital services eligible persons can\nexpect to receive as public patients;\nNote 1 The joint Commonwealth/Territory development of a Public\nPatients Hospital Charter for the Territory will be a vehicle for the\npublic dissemination of this information.\nNote 2 The Charter will set out the public hospital services available to\npublic patients.\n(e) the Commonwealth and the Territory are committed to making\nimprovements in the efficiency, effectiveness and quality of\nhospital service delivery.\nNote This includes a commitment to quality improvement, outcome\nmeasurement, management efficiency and effort to integrate the\ndelivery of hospital and other health and community services.\n(2) A word or expression used in the Medicare Agreements Act 1992\n(Cwlth) has the same meaning in subsection (1).\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Legal effect","content":"12 Legal effect\nNothing in this part is to be taken to create any legal rights not in\nexistence before the enactment of this part or to affect any legal rights\nin existence before that enactment or that would, apart from this part,\nhave come into existence after that enactment.\n\nDivision 4.1 Quality assurance—important concepts\nDivision 4.1 Quality assurance—important\nconcepts\n20 Definitions—pt 4\nCEO—\n(a) of a health facility—see section 22; and\n(b) of a health professional organisation—see section 23.\nhealth facility QAC, for a health facility, means a committee\napproved under section 25 as a quality assurance committee for the\nhealth facility.\nhealth professional organisation—see section 21.\nhealth professional organisation QAC, for a health professional\norganisation, means a committee approved under section 26 as a\nquality assurance committee for the health professional organisation.\nhealth service report—see section 38.\nministerial report—see section 41.\nspecial purpose QAC means a committee approved under section 27.\nNote Quality assurance committee is defined for the Act in s 24.\n","sortOrder":9},{"sectionNumber":"21","sectionType":"section","heading":"What is a health professional organisation?","content":"21 What is a health professional organisation?\nhealth professional organisation means an entity that—\n(a) is an association, society, college, faculty or other body of\nprofessionals who provide a health service; and\n(b) is prescribed by regulation for this section.\n\n","sortOrder":10},{"sectionNumber":"22","sectionType":"section","heading":"Who is the CEO of a health facility?","content":"22 Who is the CEO of a health facility?\nCEO, of a health facility, means—\n(a) for a health facility operated by the Territory—the\ndirector-general; or\n(b) in any other case—the person with overall responsibility for the\ncontrol of the health facility.\n","sortOrder":11},{"sectionNumber":"23","sectionType":"section","heading":"Who is the CEO of a health professional organisation?","content":"23 Who is the CEO of a health professional organisation?\nCEO, of a health professional organisation, means the person with\noverall responsibility for the control of the health professional\norganisation.\n","sortOrder":12},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Quality assurance—quality assurance","content":"Division 4.2 Quality assurance—quality assurance\ncommittees\n","sortOrder":13},{"sectionNumber":"24","sectionType":"section","heading":"What is a quality assurance committee?","content":"24 What is a quality assurance committee?\nquality assurance committee means—\n(a) a health facility QAC; or\n(b) a health professional organisation QAC; or\n(c) a special purpose QAC.\n","sortOrder":14},{"sectionNumber":"25","sectionType":"section","heading":"Approval of health facility QACs","content":"25 Approval of health facility QACs\ncommittee for a stated health facility.\n\n26 Approval of health professional organisation QACs\ncommittee for a stated health professional organisation.\n27 Approval of special purpose QACs\ncommittee for a stated purpose.\n27A Quality Assurance Committees—term\nThe Minister may not approve a committee under section 25,\nsection 26 or section 27 for a term longer than 3 years.\n","sortOrder":15},{"sectionNumber":"28","sectionType":"section","heading":"Quality assurance committees—criteria for approval","content":"28 Quality assurance committees—criteria for approval\nThe Minister may approve a committee as a quality assurance\ncommittee under section 25, section 26 or section 27 only if satisfied\nthat—\n(a) the committee’s functions would be facilitated by the members,\n(b) it is in the public interest for part 8 (Secrecy) to apply to\n","sortOrder":16},{"sectionNumber":"29","sectionType":"section","heading":"Quality assurance committees—revocation of approval","content":"29 Quality assurance committees—revocation of approval\nThe Minister may revoke the approval of a committee as a quality\nassurance committee if—\n(a) the Minister is not satisfied about 1 or both of the criteria\nmentioned in section 28 in relation to the committee; or\n\n(b) the committee has failed to prepare a health service report as\nrequired under section 38; or\n(c) the committee has failed to give a health service report as\nrequired under section 39; or\n(d) the committee has failed to prepare, or give, a ministerial report\nas required under section 41 (Annual quality assurance\ncommittee report to Minister); or\n(e) the committee has failed to prepare a report as required by a\nregulation made under section 42 (Other quality assurance\nreports); or\n(f) for the last year, none of the members of the committee has held\nsensitive information in the exercise of a function under this Act.\n","sortOrder":17},{"sectionNumber":"30","sectionType":"section","heading":"Quality assurance committees—functions","content":"30 Quality assurance committees—functions\nA quality assurance committee has the following functions:\n(a) to facilitate the improvement of health services provided in the\nACT;\n(b) any other function given to the committee under this Act.\n","sortOrder":18},{"sectionNumber":"31","sectionType":"section","heading":"Quality assurance committees—appointment of members","content":"31 Quality assurance committees—appointment of members\n(1) The CEO of a health facility must appoint the members of a health\nfacility QAC for the health facility.\n(2) The CEO of a health professional organisation must appoint the\nmembers of a health professional organisation QAC for the health\nprofessional organisation.\n\n(3) The director-general must appoint the members of a special purpose\nQAC.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":19},{"sectionNumber":"32","sectionType":"section","heading":"Quality assurance committees—disclosure of interests","content":"32 Quality assurance committees—disclosure of interests\n(1) Section 190 (Disclosure of interests by committee members) applies\nto quality assurance committees.\n(2) If a person acting under the direction of a quality assurance committee\nhas a material interest in an issue being considered, or about to be\nconsidered, by the committee, the person must disclose the nature of\nthe interest at a committee meeting as soon as practicable after the\nrelevant facts come to the person’s knowledge.\nmaterial interest—see section 190 (4).\n","sortOrder":20},{"sectionNumber":"33","sectionType":"section","heading":"Quality assurance committees—procedure","content":"33 Quality assurance committees—procedure\nIn exercising its functions, a quality assurance committee—\n(a) must comply with the rules of natural justice; and\n(b) is not bound by the rules of evidence but may inform itself of\nanything in the way it considers appropriate; and\n(c) may do whatever it considers necessary or convenient for the\nfair and prompt conduct of its functions.\n\n","sortOrder":21},{"sectionNumber":"34","sectionType":"section","heading":"Quality assurance committees—protection of members","content":"34 Quality assurance committees—protection of members\netc from liability\n(1) In this section:\nrelevant person, for a quality assurance committee—\n(a) means a person who is, or has been, a member of the committee;\nand\n(b) includes anyone engaging in conduct under the direction of a\nperson who is a member of the committee.\n(2) A relevant person for a quality assurance committee is not personally\nliable for anything done or omitted to be done honestly and without\nrecklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(3) Any civil liability that would, apart from this section, attach to a\nrelevant person for a quality assurance committee attaches instead\nto—\n(a) if the committee is a health facility QAC for a health facility—\nthe health facility; or\n(b) if the committee is a health professional organisation QAC for a\nhealth professional organisation—the health professional\norganisation; or\n(c) if the committee is a special purpose QAC—the Territory.\n\n","sortOrder":22},{"sectionNumber":"35","sectionType":"section","heading":"Quality assurance committees—obtaining information","content":"35 Quality assurance committees—obtaining information\n(1) A quality assurance committee carrying out a function under this Act\nmay ask anyone to give the committee information, including\nprotected information, that is relevant to the committee carrying out\nthe function.\nNote The identity of a person who gives information to a committee under this\nsection is protected (see pt 8).\n(2) When asking anyone for information, the committee must tell the\nperson that giving false or misleading information is an offence\nagainst the Criminal Code, section 338 (Giving false or misleading\ninformation).\n(3) If someone gives information honestly and without recklessness to a\nquality assurance committee under subsection (1)—\n(a) the giving of the information is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the person does not incur civil or criminal liability only because\nof the giving of the information.\nDivision 4.3 Assessment and evaluation of health\nservices\n","sortOrder":23},{"sectionNumber":"36","sectionType":"section","heading":"Assessment and evaluation of health services","content":"36 Assessment and evaluation of health services\n(1) A health facility QAC for a health facility may assess and evaluate\nhealth services provided by health service providers for the health\nfacility by carrying out a quality assurance activity with the health\nservice providers.\n\nAssessment and evaluation of health services Division 4.3\n(2) A health professional organisation QAC for a health professional\norganisation may assess and evaluate health services provided by\nhealth service providers who are members of a health professional\norganisation by carrying out a quality assurance activity with the\nhealth service providers.\n(3) A special purpose QAC may, for a purpose for which it was approved,\nassess and evaluate health services provided by health service\nproviders for any health facility by carrying out a quality assurance\nactivity with the health service providers.\nquality assurance activity means an activity approved as a quality\nassurance activity under section 37.\n","sortOrder":24},{"sectionNumber":"37","sectionType":"section","heading":"Approval of quality assurance activities","content":"37 Approval of quality assurance activities\n(1) The Minister may approve an activity as a quality assurance activity\nif satisfied that the activity is designed to evaluate, monitor or\nimprove the quality of a health service.\nExamples of activities designed to evaluate, monitor or improve the quality\nof a health service\n1 clinical audits\n2 records audits\n3 peer review\n4 quality review\n5 investigation into disease and death.\n\n","sortOrder":25},{"sectionNumber":"38","sectionType":"section","heading":"Preparing health service reports","content":"38 Preparing health service reports\n(1) This section applies to a quality assurance committee if it completes\nan assessment and evaluation under section 36.\n(2) The quality assurance committee must prepare a report (a health\nservice report) about the assessment and evaluation.\nNote The report must be prepared as soon as possible (see Legislation Act,\n(3) The health service report must include the following:\n(a) details of the health services assessed and evaluated;\n(b) the results of the assessment and evaluation;\n(c) the committee’s conclusions;\n(d) the committee’s recommendations (if any).\n","sortOrder":26},{"sectionNumber":"38A","sectionType":"section","heading":"Extraordinary reports","content":"38A Extraordinary reports\n(1) This section applies if—\n(a) a quality assurance committee is assessing and evaluating health\nservices under section 36; and\n(b) the quality assurance committee becomes aware of something\nthat is sufficiently serious to require urgent action to prevent or\nlimit any adverse effect it might have on the health service.\n(2) The quality assurance committee must report the thing to the\ndirector-general as soon as possible, even if the committee has not\ncompleted the assessment and evaluation.\n(3) Subsection (2) applies even if the thing is not related to the quality\nassurance activity the committee is carrying out.\n(4) A report under subsection (2) must be in writing and may include\n\nAssessment and evaluation of health services Division 4.3\n","sortOrder":27},{"sectionNumber":"38B","sectionType":"section","heading":"Interim reports","content":"38B Interim reports\n(1) The director-general may ask a quality assurance committee to\nprepare a report on its activities before it completes an assessment and\nevaluation under section 36.\n(2) A report prepared in response to a request under subsection (1) must\ninclude the following:\n(a) details of the health services that are being assessed and\nevaluated;\n(b) details of how the assessment and evaluation is progressing;\n(c) details of any conclusions the committee may have reached;\n(d) the committee’s recommendations (if any).\n(3) A report under subsection (1) must be in writing and may include\n","sortOrder":28},{"sectionNumber":"39","sectionType":"section","heading":"Giving health service reports to CEO or director-general","content":"39 Giving health service reports to CEO or director-general\n(1) This section applies to a quality assurance committee if it prepares a\nhealth service report.\n(2) The quality assurance committee must give a copy of the report to—\n(a) if the committee is a health facility QAC for a health facility—\nthe CEO of the health facility; or\n(b) if the committee is a health professional organisation QAC for a\nhealth professional organisation—the CEO of the health\nprofessional organisation; or\n(c) if the committee is a special purpose QAC—the\ndirector-general.\nNote The report must be given as soon as possible (see Legislation Act,\n\nDivision 4.4 Quality assurance committees—reporting\n","sortOrder":29},{"sectionNumber":"40","sectionType":"section","heading":"Monitoring implementation of recommendations","content":"40 Monitoring implementation of recommendations\nIf a quality assurance committee makes a recommendation in a health\nservice report, the committee may monitor the implementation of the\nrecommendation.\nDivision 4.4 Quality assurance committees—\nreporting\n","sortOrder":30},{"sectionNumber":"41","sectionType":"section","heading":"Annual quality assurance committee report to Minister","content":"41 Annual quality assurance committee report to Minister\n(1) A quality assurance committee must, for each financial year, prepare\na report (a ministerial report) about the committee’s operation during\nthe year.\n(2) The ministerial report must include information for the financial year\nabout—\n(a) the committee’s functions under division 4.3 (Assessment and\nevaluation of health services); and\n(b) how the committee’s functions were facilitated by the members,\n(c) why it was in the public interest for part 8 (Secrecy) to apply to\n(3) The ministerial report must comply with any requirements prescribed\nby regulation for this section.\n(4) The ministerial report must not include sensitive information.\n(5) The ministerial report must be given to the Minister not later than\n3 months after the end of the financial year.\n\nQuality assurance committees—information sharing Division 4.5\n","sortOrder":31},{"sectionNumber":"42","sectionType":"section","heading":"Other quality assurance committee reports","content":"42 Other quality assurance committee reports\n(1) A quality assurance committee must prepare a report prescribed by\nregulation for this section.\n(2) The report must include the following information about the\noperation of the committee—\n(a) how the committee’s functions were facilitated by the members,\n(b) why it was in the public interest for part 8 (Secrecy) to apply to\n(3) The report must not include sensitive information.\nDivision 4.5 Quality assurance committees—\ninformation sharing\n","sortOrder":32},{"sectionNumber":"43","sectionType":"section","heading":"Quality assurance committees—giving information to the","content":"43 Quality assurance committees—giving information to the\nCoroner’s Court\nA quality assurance committee may give protected information to the\nCoroner’s Court if the committee is satisfied that giving the\ninformation would be likely to facilitate the improvement of health\nservices provided in the ACT.\n","sortOrder":33},{"sectionNumber":"44","sectionType":"section","heading":"Quality assurance committees—giving information to","content":"44 Quality assurance committees—giving information to\nother quality assurance committees\nA quality assurance committee may give protected information to\nanother quality assurance committee if the committee is satisfied that\ngiving the information would be likely to facilitate the improvement\nof health services provided in the ACT.\n\nDivision 4.5 Quality assurance committees—information sharing\n","sortOrder":34},{"sectionNumber":"45","sectionType":"section","heading":"Quality assurance committees—giving information to","content":"45 Quality assurance committees—giving information to\nhealth board and health services commissioner\n(1) A quality assurance committee may give protected information to a\nhealth board if the committee is satisfied that giving the information\nwould be likely to facilitate the improvement of health services\nprovided in the ACT.\n(2) If a quality assurance committee gives protected information to a\nhealth board under subsection (1), the committee must also give the\ninformation to the health services commissioner.\n","sortOrder":35},{"sectionNumber":"46","sectionType":"section","heading":"Quality assurance committees—giving information to","content":"46 Quality assurance committees—giving information to\nMinister\nA quality assurance committee may give protected information to the\nMinister if the committee is satisfied that giving the information\nwould be likely to facilitate the improvement of health services\nprovided in the ACT.\n","sortOrder":36},{"sectionNumber":"47","sectionType":"section","heading":"Quality assurance committees—admissibility of evidence","content":"47 Quality assurance committees—admissibility of evidence\n(1) The following are not admissible as evidence in a proceeding before\na court:\n(a) an oral statement made in a proceeding before a quality\nassurance committee;\n(b) a document given to a quality assurance committee, but only to\nthe extent that it was prepared only for the committee;\n(c) a document prepared by a quality assurance committee.\n\n","sortOrder":37},{"sectionNumber":"Part 5","sectionType":"part","heading":"Reviewing scope of clinical","content":"Part 5 Reviewing scope of clinical\npractice\n","sortOrder":38},{"sectionNumber":"50","sectionType":"section","heading":"Definitions—pt 5","content":"50 Definitions—pt 5\nCEO, of a health facility—see section 53.\nhospital includes a day hospital.\nreview, in relation to scope of clinical practice—see section 55.\nscope of clinical practice, of a practitioner for a health facility—see\nsection 54.\nscope of clinical practice executive decision notice—see section 70.\nscope of clinical practice report—see section 67.\nNote Scope of clinical practice committee is defined for the Act in s 51.\nPractitioner is defined for the Act in s 52.\n","sortOrder":39},{"sectionNumber":"51","sectionType":"section","heading":"What is a scope of clinical practice committee?","content":"51 What is a scope of clinical practice committee?\nscope of clinical practice committee means a committee approved\nunder section 56 as a scope of clinical practice committee.\n","sortOrder":40},{"sectionNumber":"52","sectionType":"section","heading":"Who is a practitioner for a health facility?","content":"52 Who is a practitioner for a health facility?\n(1) In this Act:\npractitioner, for a health facility, means—\n(a) a dentist for the health facility; or\n(b) a doctor for the health facility; or\n(c) an eligible midwife for the health facility; or\n(d) a nurse practitioner for the health facility.\n\ndentist, for a health facility, means a dentist who—\ndoctor, for a health facility, means a doctor who—\neligible midwife, for a health facility, means a midwife who—\n(a) is an eligible midwife within the meaning of the Health\nInsurance Act 1973 (Cwlth), section 21 (Meaning of eligible\nmidwife); and\n(b) either—\n(i) provides health services at the health facility; or\n(ii) uses the equipment or other facilities of the health facility\nto provide health services elsewhere.\nnurse practitioner, for a health facility, means a nurse practitioner\nwho—\n\n","sortOrder":41},{"sectionNumber":"53","sectionType":"section","heading":"Who is the CEO of a health facility?","content":"53 Who is the CEO of a health facility?\nCEO, of a health facility, means—\n(a) for a health facility operated by the Territory—the\ndirector-general; or\n(b) in any other case—the person with overall responsibility for the\ncontrol of the health facility.\n","sortOrder":42},{"sectionNumber":"54","sectionType":"section","heading":"What is scope of clinical practice?","content":"54 What is scope of clinical practice?\nscope of clinical practice, of a practitioner for a health facility, means\nthe rights of the practitioner established by agreement between the\npractitioner and the health facility—\n(a) to treat patients or carry out other procedures at the health\nfacility; or\n(b) to use the equipment or other facilities of the health facility.\n","sortOrder":43},{"sectionNumber":"55","sectionType":"section","heading":"Meaning of review scope of clinical practice","content":"55 Meaning of review scope of clinical practice\nreview, in relation to the scope of clinical practice, includes assess\nand evaluate the scope of clinical practice.\n","sortOrder":44},{"sectionNumber":"56","sectionType":"section","heading":"Approval of scope of clinical practice committees","content":"56 Approval of scope of clinical practice committees\n(1) The Minister may approve a committee as a scope of clinical practice\ncommittee in accordance with section 57.\n\n","sortOrder":45},{"sectionNumber":"57","sectionType":"section","heading":"Scope of clinical practice committees—criteria for","content":"57 Scope of clinical practice committees—criteria for\napproval\nThe Minister may approve a committee as a scope of clinical practice\ncommittee under section 56 only if satisfied that—\n(a) the committee’s functions would be facilitated by the members,\nand other people mentioned in section 63, being protected from\nliability under section 63 (Scope of clinical practice\ncommittees—protection of members etc from liability); and\n(b) it is in the public interest for part 8 (Secrecy) to apply to\n","sortOrder":46},{"sectionNumber":"58","sectionType":"section","heading":"Scope of clinical practice committees—revocation of","content":"58 Scope of clinical practice committees—revocation of\napproval\nThe Minister may revoke the approval of a committee as a scope of\nclinical practice committee if the Minister is not satisfied about 1 or\nboth of the criteria mentioned in section 57 in relation to the\ncommittee.\n","sortOrder":47},{"sectionNumber":"59","sectionType":"section","heading":"Scope of clinical practice committees—functions","content":"59 Scope of clinical practice committees—functions\n(1) A scope of clinical practice committee has the following functions:\n(a) to decide—\n(i) whether to credential a practitioner for a health facility; and\n(ii) the terms on which a practitioner is credentialled;\n(b) to define, and review, the scope of clinical practice of a\npractitioner credentialled for a health facility;\n(c) to review the scope of clinical practice of a practitioner if the\nCEO of a health facility refers the practitioner’s scope of clinical\npractice to the committee under section 69 (5);\n\n(d) to immediately withdraw or amend the scope of clinical practice\nof a practitioner credentialled for a health facility in accordance\nwith this Act;\n(e) any other function given to the committee under this Act.\n(2) A reference in this section to credentialling a practitioner includes\nre-credentialling the practitioner.\n(3) A scope of clinical practice committee must, as far as practicable,\nexercise its functions under subsection (1) (a), (b) and (c) in\naccordance with the Standard.\ncredential, in relation to a practitioner, means endorse the practitioner\nto provide health services based on verification and assessment of the\npractitioner’s qualifications, experience, skill, professional standing\nand any other relevant professional attributes.\nStandard means the Australian Council for Safety and Quality in\nHealth Care, Standard for Credentialling and Defining the Scope of\nClinical Practice, published in July 2004.\n","sortOrder":48},{"sectionNumber":"60","sectionType":"section","heading":"Scope of clinical practice committees—appointment of","content":"60 Scope of clinical practice committees—appointment of\nmembers\nThe director-general must appoint the members of a scope of clinical\npractice committee.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n\n","sortOrder":49},{"sectionNumber":"61","sectionType":"section","heading":"Scope of clinical practice committees—disclosure of","content":"61 Scope of clinical practice committees—disclosure of\ninterests\n(1) Section 190 (Disclosure of interests by committee members) applies\nto scope of clinical practice committees.\n(2) If a person acting under the direction of a scope of clinical practice\ncommittee has a material interest in an issue being considered, or\nabout to be considered, by the committee, the person must disclose\nthe nature of the interest at a committee meeting as soon as practicable\nafter the relevant facts come to the person’s knowledge.\nmaterial interest—see section 190 (4).\n","sortOrder":50},{"sectionNumber":"62","sectionType":"section","heading":"Scope of clinical practice committees—procedure","content":"62 Scope of clinical practice committees—procedure\n(1) In exercising its functions, a scope of clinical practice committee—\n(a) must comply with the rules of natural justice; and\n(b) is not bound by the rules of evidence but may inform itself of\nanything in the way it considers appropriate; and\n(c) may do whatever it considers necessary or convenient for the\nfair and prompt conduct of its functions.\n(2) A scope of clinical practice committee may, by resolution, determine\nthe procedures for carrying out its functions.\n","sortOrder":51},{"sectionNumber":"63","sectionType":"section","heading":"Scope of clinical practice committees—protection of","content":"63 Scope of clinical practice committees—protection of\nmembers etc from liability\n(1) A relevant person for a scope of clinical practice committee is not\npersonally liable for anything done or omitted to be done honestly\nand without recklessness—\n(a) in the exercise of a function under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) Any civil liability that would, apart from this section, attach to a\nrelevant person for a scope of clinical practice committee attaches\ninstead to the Territory.\nrelevant person, for a scope of clinical practice committee—\n(a) means a person who is, or has been, a member of the committee;\nand\n(b) includes anyone engaging in conduct under the direction of a\nperson who is a member of the committee.\n","sortOrder":52},{"sectionNumber":"64","sectionType":"section","heading":"Scope of clinical practice committees—obtaining","content":"64 Scope of clinical practice committees—obtaining\ninformation\n(1) A scope of clinical practice committee carrying out a function under\nthis Act may ask anyone to give the committee information, including\nprotected information, that is relevant to the committee carrying out\nthe function.\nNote The identity of a person who gives information to a committee under this\nsection is protected (see pt 8).\n(2) When asking anyone for information, the committee must tell the\nperson that giving false or misleading information is an offence\nagainst the Criminal Code, section 338 (Giving false or misleading\ninformation).\n\n(3) If someone gives information honestly and without recklessness to a\nscope of clinical practice committee under subsection (1)—\n(a) the giving of the information is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the person does not incur civil or criminal liability only because\nof giving the information.\n","sortOrder":53},{"sectionNumber":"65","sectionType":"section","heading":"Scope of clinical practice committee must give","content":"65 Scope of clinical practice committee must give\npractitioner opportunity to explain\n(1) This section applies to a scope of clinical practice committee if—\n(a) the committee is reviewing the scope of clinical practice of a\npractitioner for a health facility; and\n(b) the committee proposes to recommend in a scope of clinical\npractice report that—\n(i) the scope of clinical practice of the practitioner should be\namended or withdrawn; or\n(ii) the terms of engagement of the practitioner by the health\nfacility should be amended; or\n(iii) the engagement of the practitioner by the health facility\nshould be suspended or ended.\nNote Scope of clinical practice reports are prepared under s 67.\n(2) The committee must give the practitioner a written notice\n(a recommendation notice) stating—\n(a) the committee’s proposed recommendation; and\n(b) the reasons for the committee’s proposed recommendation; and\n\n(c) that the practitioner may, not later than 21 days after the day the\nrecommendation notice is given to the practitioner, make a\nsubmission to the committee about the proposed\nrecommendation.\n(3) A recommendation notice must not include sensitive information.\n(4) The committee must consider any submission made by the\npractitioner midwife to the committee in accordance with the notice.\n","sortOrder":54},{"sectionNumber":"66","sectionType":"section","heading":"Interim and emergency withdrawal or amendment of","content":"66 Interim and emergency withdrawal or amendment of\nscope of clinical practice by committee\n(1) If at any time a scope of clinical practice committee forms the view\nthat the clinical practice of a practitioner at a health facility poses a\nthreat to the safety of members of the public, the committee may\nwithdraw or amend the scope of clinical practice of the practitioner\nwith immediate effect.\n(2) The scope of clinical practice committee may take action under\nsubsection (1) before the completion of a review by the committee of\nthe practitioner’s scope of clinical practice under section 65.\n(3) Any withdrawal or amendment under this section has effect until a\ndecision of the CEO of a health facility on the scope of clinical\npractice report in relation to the practitioner takes effect under\nsection 71 (When CEO decision on scope of clinical practice report\ntakes effect).\n(4) If a scope of clinical practice committee withdraws or amends the\nscope of clinical practice of a practitioner under subsection (1), the\ncommittee must tell the director-general of the committee’s decision\nand the date of the decision, in writing, as soon as possible.\n\n(5) If the director-general is told about the withdrawal or amendment of\nthe scope of clinical practice of a practitioner under this section, the\ndirector-general must tell appropriate officers under their authority or\ndirection of the committee’s decision so that proper effect can be\ngiven to the decision.\n","sortOrder":55},{"sectionNumber":"67","sectionType":"section","heading":"Preparing scope of clinical practice reports","content":"67 Preparing scope of clinical practice reports\n(1) This section applies to a scope of clinical practice committee if—\n(a) the committee has reviewed the scope of clinical practice of a\npractitioner for a health facility; and\n(b) if the committee has given the practitioner a recommendation\nnotice—the committee has considered any submission made by\nthe practitioner in accordance with the notice; and\n(c) the committee has completed the review.\n(2) The scope of clinical practice committee must prepare a report\n(a scope of clinical practice report) about the review.\nNote The report must be prepared as soon as possible (see Legislation Act,\n(3) The scope of clinical practice report must include the committee’s\nrecommendations about whether—\n(a) the scope of clinical practice of the practitioner should stay the\nsame, be amended or be withdrawn; and\n(b) the terms of engagement of the practitioner by the health facility\nshould be amended; and\n(c) the engagement of the practitioner by the health facility should\nbe suspended or ended.\nrecommendation notice—see section 65 (2).\n\n","sortOrder":56},{"sectionNumber":"68","sectionType":"section","heading":"Giving scope of clinical practice reports to CEO of health","content":"68 Giving scope of clinical practice reports to CEO of health\nfacility and practitioner\nIf a scope of clinical practice committee prepares a scope of clinical\npractice report about a practitioner for a health facility, the committee\nmust give a copy of the report to—\n(a) the CEO of the health facility; and\n(b) the practitioner.\nNote The report must be given as soon as possible (see Legislation Act,\n","sortOrder":57},{"sectionNumber":"69","sectionType":"section","heading":"CEO may make interim or emergency decision on scope","content":"69 CEO may make interim or emergency decision on scope\nof clinical practice\n(1) If the CEO of a health facility has concerns about a practitioner for a\nhealth facility of sufficient seriousness to warrant the immediate\namendment or withdrawal of the scope of clinical practice of the\npractitioner, the CEO may, by notice in writing, amend or withdraw\nthe scope of clinical practice of the practitioner with immediate effect.\n(2) The CEO may take action under subsection (1) even if a scope of\nclinical practice committee has not reported on, or is not currently\ninvestigating, the scope of clinical practice of the practitioner.\n(3) Any amendment or withdrawal of the scope of clinical practice of a\npractitioner under this section has effect from the day and time the\nnotice is given to the practitioner—\n(a) if a scope of clinical practice report is prepared under section 67\nin relation to the practitioner—until a decision on the scope of\nclinical practice report takes effect under section 71; or\n(b) in any other case—until the CEO, by notice in writing, revokes\nthe amendment or withdrawal.\n\n(4) Subsection (5) applies if—\n(a) the CEO amends or withdraws the scope of clinical practice of\na practitioner under subsection (1); and\n(b) the scope of clinical practice of the practitioner is not the subject\nof an investigation by a scope of clinical practice committee.\n(5) The CEO must immediately refer the scope of clinical practice of the\npractitioner to a scope of clinical practice committee.\n(6) If the CEO amends or withdraws the scope of clinical practice of a\npractitioner under subsection (1), the CEO must, in writing, notify—\n(a) the practitioner; and\n(b) if the CEO is not the director-general—the director-general; and\n(c) the relevant health board for the practitioner; and\n(d) the health services commissioner; and\n(e) the CEO of any other health facility at which the practitioner is\nengaged; and\n(f) if a scope of clinical practice committee submitted a report about\nthe practitioner under section 68 to the CEO—the scope of\nclinical practice committee that submitted the report; and\n(g) all appropriate officers under the CEO’s authority or direction\nof the committee’s decision so that proper effect can be given to\nthe decision.\nExamples—appropriate officers\n• general manager of the health facility\n• clinical unit director\n• head of department at health facility\n• immediate supervisor of practitioner\n• human resource personnel\n\n","sortOrder":58},{"sectionNumber":"70","sectionType":"section","heading":"CEO must make decision on scope of clinical practice","content":"70 CEO must make decision on scope of clinical practice\nreport\n(1) This section applies if the CEO of a health facility is given a scope of\nclinical practice report about a practitioner for the health facility.\n(2) The CEO must—\n(a) consider the recommendations in the scope of clinical practice\nreport; and\n(b) decide whether to take—\n(i) the action recommended in the scope of clinical practice\nreport; or\n(ii) any other action that the committee could have\nrecommended under section 67 (3) that the CEO considers\nappropriate.\nNote 1 The CEO must consider the recommendations and make a decision as\nsoon as possible (see Legislation Act, s 151B).\nNote 2 A decision of the CEO under this section is a reviewable decision (see\npt 10).\n(3) After the CEO has made a decision under subsection (2), the CEO\nmust give the following people notice in writing (a scope of clinical\npractice executive decision notice) of the decision:\n(a) each practitioner for the health facility whose scope of clinical\npractice or engagement will be affected by the CEO’s decision;\n(b) the scope of clinical practice committee that prepared the scope\nof clinical practice report;\n\n(c) all appropriate officers under the CEO’s authority or direction\nso that proper effect can be given to the decision.\nExamples—appropriate officers\n• general manager of the health facility\n• clinical unit director\n• head of department at health facility\n• immediate supervisor of practitioner\n• human resource personnel\n(4) A scope of clinical practice executive decision notice in relation to a\npractitioner must include the following information:\n(a) if the practitioner’s scope of clinical practice is to stay the\nsame—a statement to that effect;\n(b) if the practitioner’s scope of clinical practice is to be amended—\nhow the scope of clinical practice is being amended;\n(c) if the practitioner’s scope of clinical practice is to be\nwithdrawn—a statement to that effect;\n(d) if the term of engagement of the practitioner by a health facility\nis to be amended—how the term is being amended;\n(e) if the engagement of the practitioner by a health facility is to be\nsuspended—the period for which the engagement is being\nsuspended;\n(f) if the engagement of the practitioner by a health facility is to be\nended—a statement to that effect;\n(g) if the practitioner was the subject of a decision of the CEO under\nsection 69—a statement to that effect;\n(h) when the decision takes effect.\n(5) The scope of clinical practice review notice must be in accordance\nwith the requirements for a reviewable decision notice.\n\n","sortOrder":59},{"sectionNumber":"71","sectionType":"section","heading":"When CEO decision on scope of clinical practice report","content":"71 When CEO decision on scope of clinical practice report\ntakes effect\n(1) A decision of the CEO of a health facility under section 69 or section\n70 in relation to a practitioner for the health facility takes effect on\nthe later of the following:\n(a) the day stated in the scope of clinical practice review notice for\nthe decision;\n(b) the day the scope of clinical practice review notice is given to\nthe practitioner.\n(2) For subsection (1) (b), if the notice cannot be given to the practitioner\nin person, the notice is taken to be given to the practitioner 7 days\nafter the day it is posted to the practitioner’s last known home address.\n","sortOrder":60},{"sectionNumber":"72","sectionType":"section","heading":"CEO may give information about decision to health","content":"72 CEO may give information about decision to health\nfacility outside ACT\n(1) If the CEO of a health facility makes a decision under section 69 or\nsection 70 to amend or withdraw the scope of clinical practice of a\npractitioner, the CEO may tell the CEO of a health facility that is\noutside the ACT (the other CEO) about the amendment or\nwithdrawal.\n(2) However, the CEO may not tell the other CEO about the amendment\nor withdrawal, unless the other CEO asks, in writing, for information\nabout the scope of clinical practice of the practitioner.\n","sortOrder":61},{"sectionNumber":"73","sectionType":"section","heading":"Request for information by health facility outside ACT","content":"73 Request for information by health facility outside ACT\n(1) This section applies if a health facility outside the ACT\n(the requesting facility) asks the CEO of a health facility for clinical\npractice information about a practitioner that has been the subject of\na scope of clinical practice review at the health facility.\n\n(2) The CEO must—\n(a) if the request for information is in writing—forward the request\nwithin 7 days of receiving it to the scope of clinical practice\ncommittee that reviewed the practitioner’s scope of clinical\npractice; or\n(b) if the request is not in writing—tell the requesting facility as\nsoon as practicable that the request must be made in writing.\n(3) A scope of clinical practice review committee that receives a request\nfrom a CEO under subsection (2) (a) may give the requesting\nfacility—\n(a) the following information if the information formed part of the\ncommittee’s review of the practitioner, and is relevant to the\ninformation asked for by the requesting facility:\n(i) particulars of the complaint against the practitioner;\n(ii) particulars about any patients treated by the practitioner;\n(iii) health facility medical records;\n(iv) reports from other providers of health services; and\n(b) a summary of the committee’s review report into the\npractitioner’s scope of clinical practice.\n(4) However, any information given to a requesting facility under\nsubsection (3) must be given in a form that does not allow a person\nmentioned in the information, other than the practitioner reviewed by\nthe committee, to be identified.\nclinical practice information, about a practitioner, means\ninformation relating to the clinical competency and standards of\nprofessional conduct of the practitioner.\n\n","sortOrder":62},{"sectionNumber":"74","sectionType":"section","heading":"Scope of clinical practice committees—giving","content":"74 Scope of clinical practice committees—giving\ninformation to health board and health services\ncommissioner\n(1) A scope of clinical practice committee may give protected\ninformation to a health board if the committee is satisfied that giving\nthe information would be likely to facilitate the improvement of\nhealth services provided in the ACT.\n(2) If a clinical practice committee gives protected information to a\nhealth board under subsection (1), the committee must give the\ninformation to the health services commissioner.\n(3) A scope of clinical practice committee must tell the relevant health\nboard, and the health services commissioner, if the committee is\nsatisfied that the clinical practice of a practitioner has failed to meet\na required standard of practice, or that the practitioner does not satisfy\nthe suitability to practise requirements.\nNote The Health Practitioner Regulation National Law (ACT), pt 8, div 2\nimposes an obligation to report misconduct or impairment.\n","sortOrder":63},{"sectionNumber":"75","sectionType":"section","heading":"Scope of clinical practice committees—admissibility of","content":"75 Scope of clinical practice committees—admissibility of\nevidence\n(1) The following are not admissible as evidence in a proceeding before\na court:\n(a) an oral statement made in a proceeding before a scope of clinical\npractice committee;\n(b) a document given to a scope of clinical practice committee, but\nonly to the extent that it was prepared only for the committee;\n(c) a document prepared by a scope of clinical practice committee.\n\n","sortOrder":64},{"sectionNumber":"76","sectionType":"section","heading":"Sharing information with other committees","content":"76 Sharing information with other committees\nA scope of clinical practice committee may share the following\ninformation, including protected information, with another scope of\nclinical practice committee or a quality assurance committee:\n(a) any information that comes before the committee in the course\nof its functions;\n(b) a decision of a CEO under section 69 or section 70 that related\nto a recommendation made by the committee.\n","sortOrder":65},{"sectionNumber":"77","sectionType":"section","heading":"Sharing information with 3rd parties","content":"77 Sharing information with 3rd parties\n(1) This section applies if—\n(a) the CEO of a health facility makes a decision, under section 69\nor section 70, to amend or withdraw the scope of clinical\npractice of a practitioner; and\n(b) a person asks for information about the decision.\n(2) The CEO may give the person information about the decision, but\nmay not disclose the identity of the practitioner or any other sensitive\ninformation.\n","sortOrder":66},{"sectionNumber":"78","sectionType":"section","heading":"Complainants to remain anonymous","content":"78 Complainants to remain anonymous\nIf a person makes a complaint about a practitioner and the matter is\nreferred to a scope of clinical practice committee, the committee—\n(a) must not disclose the identity of the complainant to the\npractitioner or any other person who is not a member of the\ncommittee; and\n(b) if the committee provides any information to a person about a\ncomplaint—may provide information in a way that protects the\nidentity of the complainant unless required to do otherwise by\nthis Act or any other Territory law.\n\nAbortions—generally Division 6.1\n","sortOrder":67},{"sectionNumber":"80","sectionType":"section","heading":"Definitions—pt 6","content":"80 Definitions—pt 6\n(1) In this part:\nabortifacient means a medicine, drug or other substance that causes\na pregnancy to end prematurely.\nabortion means a medical abortion or surgical abortion.\napproved medical facility means a medical facility, or a part of a\nmedical facility, approved under section 84.\nsurgical abortion means a surgical procedure or any other procedure\nor act (other than the administration or supply of an abortifacient) that\ncauses a pregnancy to end prematurely.\nmedical abortion means the prescription, supply or administration of\nan abortifacient.\n","sortOrder":68},{"sectionNumber":"81","sectionType":"section","heading":"Offence—unauthorised supply or administration of","content":"81 Offence—unauthorised supply or administration of\nabortifacient\n(1) A person commits an offence if—\n(a) the person supplies or administers an abortifacient to another\nperson; and\n(b) the abortifacient is supplied or administered by the person for\nthe purpose of ending a pregnancy; and\n\n(c) the person is not—\n(i) a doctor; or\n(ii) a nurse practitioner; or\n(iii) a person prescribed by regulation.\nMaximum penalty: imprisonment for 5 years.\n(2) Subsection (1) does not apply to—\n(a) a pharmacist supplying an abortifacient in accordance with a\nprescription; or\n(b) a person assisting a pharmacist in supplying an abortifacient in\naccordance with a prescription.\n(3) For this section, it does not matter whether or not—\n(a) the other person was pregnant; or\n(b) the abortifacient supplied or administered was sufficient to end\na pregnancy.\nprescription—see the Medicines, Poisons and Therapeutic Goods\nAct 2008, dictionary.\n","sortOrder":69},{"sectionNumber":"82","sectionType":"section","heading":"Offence—unauthorised surgical abortion","content":"82 Offence—unauthorised surgical abortion\n(1) A person commits an offence if the person—\n(a) carries out a surgical abortion; and\n(b) is not a doctor.\nMaximum penalty: imprisonment for 5 years.\n(2) Subsection (1) does not apply to a person assisting a doctor to carry\nout a surgical abortion.\n\nAbortions—generally Division 6.1\n","sortOrder":70},{"sectionNumber":"83","sectionType":"section","heading":"Surgical abortion to be carried out in approved medical","content":"83 Surgical abortion to be carried out in approved medical\nfacility\nA person commits an offence if the person carries out a surgical\nabortion other than in an approved medical facility.\n","sortOrder":71},{"sectionNumber":"84","sectionType":"section","heading":"Approval of facilities","content":"84 Approval of facilities\n(1) A person may apply to the Minister to have a medical facility, or a\npart of a medical facility, approved to carry out surgical abortions.\n(2) The Minister must approve the application if reasonably satisfied the\nmedical facility is suitable.\n(3) An approval is a notifiable instrument.\n","sortOrder":72},{"sectionNumber":"84A","sectionType":"section","heading":"Conscientious objection","content":"84A Conscientious objection\n(1) Subject to subsection (2), an authorised person may, on religious or\nother conscientious grounds (a conscientious objection), refuse to\nprovide any of the following services (an abortion service):\n(a) prescribe, supply or administer an abortifacient;\n(b) carry out or assist in carrying out a surgical abortion.\n(2) An authorised person must not refuse, only because of a conscientious\nobjection—\n(a) to carry out, or assist in carrying out, a surgical abortion in an\nemergency where an abortion is necessary to preserve the life of\nthe pregnant person; or\n(b) to provide medical assistance or treatment to a person requiring\nmedical treatment because of an abortion.\n\n(3) There is no breach of duty (by contract or by statutory or other legal\nrequirement) or contravention of a territory law if an authorised\nperson refuses to provide an abortion service because of a\nconscientious objection.\n(4) However, if an authorised person refuses to provide an abortion\nservice because of a conscientious objection, they must, immediately\nafter refusing—\n(a) tell the person requesting the abortion service that they refuse to\nprovide the service because of the objection; and\n(b) either—\n(i) give the person information about how to locate or\ncontact—\n(A) a health practitioner who they reasonably believe can\nprovide the abortion service and would not refuse to\ndo so because of a conscientious objection; or\n(B) a medical facility where they reasonably believe a\nhealth practitioner working at the facility can provide\nthe abortion service and would not refuse to do so\nbecause of a conscientious objection; or\n(ii) transfer the person’s care to a practitioner or facility\nmentioned in subparagraph (i) (A) or (B).\nauthorised person means—\n(a) a doctor; or\n(b) a nurse; or\n(c) a nurse practitioner; or\n(d) a person prescribed by regulation for section 81 (1) (c) (iii).\n\nPatient privacy in protected areas Division 6.2\n","sortOrder":73},{"sectionNumber":"85","sectionType":"section","heading":"Definitions—div 6.2","content":"85 Definitions—div 6.2\n(1) In this division:\ncapture visual data—a person captures visual data of another person\nif the person captures moving or still images of the other person by a\ncamera or any other means in such a way that—\n(a) a recording is made of the images; or\n(b) the images are capable of being transmitted in real time with or\nwithout retention or storage in a physical or electronic form; or\n(c) the images are otherwise capable of being distributed.\nprohibited behaviour, in a protected area around a protected facility,\nmeans any of the following:\n(a) the harassment, hindering, intimidation, interference with,\nthreatening or obstruction of a person, including by the\ncapturing of visual data of the person, in the protected period\nthat is intended to stop the person from—\n(i) entering the protected facility; or\n(ii) having an abortion, providing a surgical abortion or\nprescribing, supplying or administering an abortifacient in\nthe protected facility;\n(b) an act that—\n(i) can be seen or heard by anyone in the protected period; and\n(ii) is intended to stop a person from—\n(A) entering the protected facility; or\n(B) having an abortion, providing a surgical abortion or\nprescribing, supplying or administering an\nabortifacient in the protected facility;\n\n(c) a protest, by any means, in the protected period in relation\nto a person doing any of the things mentioned in\nparagraph (b) (ii) (A) or (B).\nprotected area means an area declared under section 86.\nprotected facility means an approved medical facility or other place\naround which a protected area has been declared under section 86.\n(2) For this section, protected period, in relation to a protected facility,\nmeans the period between 7 am and 6 pm on each day the facility is\nopen or any other period declared by the Minister.\n(3) A declaration is a disallowable instrument.\n","sortOrder":74},{"sectionNumber":"86","sectionType":"section","heading":"Declaration of protected area","content":"86 Declaration of protected area\n(1) The Minister must, on application by a person responsible for the\nmanagement of an approved medical facility, declare an area around\nthe facility to be a protected area.\n(2) The Minister may declare an area around a place where an\nabortifacient is prescribed, supplied or administered to be a protected\narea.\n(3) In making the declaration, the Minister must be satisfied that the area\ndeclared is—\n(a) not less than 50m at any point from the protected facility; and\n(b) sufficient to ensure the privacy and unimpeded access for\nanyone entering, trying to enter or leaving the protected facility;\nbut\n(c) no bigger than necessary to ensure that outcome.\n(4) A declaration is a disallowable instrument.\n\nPatient privacy in protected areas Division 6.2\n","sortOrder":75},{"sectionNumber":"87","sectionType":"section","heading":"Prohibited behaviour in or in relation to protected area","content":"87 Prohibited behaviour in or in relation to protected area\n(1) A person commits an offence if the person—\n(a) is in a protected area; and\n(b) engages in prohibited behaviour.\nMaximum penalty: 25 penalty units.\n(2) A person commits an offence if—\n(a) the person publishes captured visual data of a person\n(the recorded person) entering or leaving, or trying to enter or\nleave, a protected facility; and\n(b) the person does so with the intention of stopping a person\nfrom—\n(i) having an abortion; or\n(ii) providing a surgical abortion; or\n(iii) prescribing, supplying or administering an abortifacient;\nand\n(c) the recorded person did not consent to the publication.\npublish, captured visual data—\n(a) means communicate or distribute visual data in a way or to an\nextent that makes it available to, or likely to come to the notice\nof, the public or a section of the public or anyone else not\nlawfully entitled to the visual data; and\n\n(b) includes—\n(i) entering into an agreement or arrangement to do a thing\nmentioned in paragraph (a); and\n(ii) attempting to do a thing mentioned in paragraph (a) or\nsubparagraph (i).\n\n","sortOrder":76},{"sectionNumber":"100","sectionType":"section","heading":"Definitions for pt 7","content":"100 Definitions for pt 7\nauthorised representative means an entity authorised as a\nrepresentative under section 105.\ncore conditions means conditions determined under section 102.\nentity means a corporation or an unincorporated association.\nnegotiating agent means an entity approved as a negotiating agent\nunder section 104.\nnegotiating period—see section 103 (2).\npractice corporation, of a VMO, means a corporation that is\ncontrolled or conducted by the VMO and by which the VMO\nconducts their practice as a doctor or dentist.\nservice contract means a contract for services, between the Territory\nand a VMO (or the VMO’s practice corporation), under which the\nVMO is to provide health services to or for the Territory.\nVMO (visiting medical officer) means a doctor or dentist who is\nengaged, or who the Territory proposes to engage, under a service\ncontract.\n","sortOrder":77},{"sectionNumber":"101","sectionType":"section","heading":"Service contracts","content":"101 Service contracts\n(1) The Territory must not enter into a service contract unless it includes\nthe core conditions that apply to the contract.\n(2) A service contract entered into in contravention of subsection (1) is\nvoid.\n(3) A condition of a service contract that is inconsistent with a core\ncondition that applies to the contract is void to the extent of the\ninconsistency.\n\n","sortOrder":78},{"sectionNumber":"102","sectionType":"section","heading":"Core conditions","content":"102 Core conditions\n(1) The Minister may determine core conditions for service contracts.\n(2) The Minister must not determine a condition as a core condition\nunless the condition has been—\n(a) agreed in collective negotiations under section 103; or\n(b) decided by arbitration under section 106.\n(3) A determination of core conditions is a notifiable instrument.\n","sortOrder":79},{"sectionNumber":"103","sectionType":"section","heading":"Collective negotiations","content":"103 Collective negotiations\n(1) The Territory may negotiate with a negotiating agent, or negotiating\nagents, to establish proposed core conditions for service contracts.\n(2) Before beginning collective negotiations, the Minister must\ndetermine a period (the negotiating period) for the negotiations.\n(3) A negotiating period must not be shorter than 3 months unless the\nparties to the negotiations agree to a shorter negotiating period.\n(4) A determination of a negotiating period is a notifiable instrument.\n","sortOrder":80},{"sectionNumber":"104","sectionType":"section","heading":"Negotiating agents","content":"104 Negotiating agents\n(1) The Minister may, in writing, approve an entity as a negotiating agent.\n(2) The Minister must not approve an entity as a negotiating agent unless\nthe Minister is satisfied that—\n(a) the entity is the authorised representative of at least 50 VMOs\nwho, between them, belong to at least 3 of the following\ncategories:\n(i) physician;\n(ii) surgeon;\n(iii) obstetrician and gynaecologist;\n\n(iv) anaesthetist;\n(v) general practitioner or other doctor or dentist; and\n(b) the entity is not disqualified under subsection (3); and\n(c) the entity is otherwise suitable to be a negotiating agent having\nregard to anything that may reasonably influence that decision,\nincluding the following:\n(i) any criminal or civil court proceedings in which the entity\nor an executive officer of the entity has been concerned in\nthe previous 10 years;\n(ii) any levy of execution against the entity or an executive\nofficer of the entity that is not satisfied;\n(iii) whether an executive officer of the entity has ceased to\ncarry on business, or has been involved in the management\nof an entity that has ceased to carry on business, with the\nresult that creditors were not fully paid or are unlikely to\nbe fully paid.\n(3) For subsection (2) (b), an entity is disqualified if—\n(a) the entity, or an executive officer of the entity, has been\nconvicted, in the ACT or elsewhere, of—\n(i) an offence punishable by imprisonment for longer than\n1 year; or\n(ii) an offence that involves dishonesty and is punishable by\nimprisonment for 3 months or longer; or\n(b) the entity has a receiver, receiver and manager, or provisional\nliquidator appointed over part or all of its affairs, or is otherwise\nunder external administration; or\n(c) the entity is bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act, dict,\npt 1.\n\n(d) the executive officer of the entity is disqualified from managing\ncorporations under the Corporations Act, part 2D.6\n(Disqualification from managing corporations).\nexecutive officer, of an entity, means a person, by whatever name\ncalled, and whether or not the person is a director of the entity, who\nis concerned with or takes part in the management of the entity.\n","sortOrder":81},{"sectionNumber":"105","sectionType":"section","heading":"Authorised representatives","content":"105 Authorised representatives\n(1) A VMO may, in writing, authorise 1 entity to represent the VMO in\ncollective negotiations under section 103.\n(2) The authorisation must nominate 1 of the categories mentioned in\nsection 104 (2) (a) as the category to which the VMO belongs.\n","sortOrder":82},{"sectionNumber":"106","sectionType":"section","heading":"Arbitration","content":"106 Arbitration\n(1) This section applies if agreement is not reached in collective\nnegotiations between the Territory and a negotiating agent or\nnegotiating agents in relation to a matter before the end of the\nnegotiating period.\n(2) Unless resolved by mediation beforehand, the matter must be decided\nby arbitration.\n(3) The arbitration must be conducted under the Commercial Arbitration\nAct 2017 and in accordance with principles and rules determined by\nthe Minister.\n(4) That Act applies to the arbitration as if the determined principles and\nrules were an arbitration agreement between the Territory and the\nnegotiating agent or negotiating agents.\n\n(5) The principles and rules—\n(a) must be determined by the Minister having regard to the\nobjective of improving the efficiency, effectiveness and quality\nof health services, and other public interest considerations; and\n(b) must include a requirement that the arbitrator—\n(i) be a person with experience in determining industrial\nawards or a barrister with mediation experience; and\n(ii) have appropriate experience to enable the arbitrator to\ncarry out the arbitrator’s role; and\n(c) must be fair and reasonable.\n(6) A determination of principles and rules for arbitration is a notifiable\ninstrument.\n","sortOrder":83},{"sectionNumber":"107","sectionType":"section","heading":"Competition and Consumer Act authorisation","content":"107 Competition and Consumer Act authorisation\nFor the Competition and Consumer Act 2010 (Cwlth) and the\nCompetition Code of the ACT, the following are authorised:\n(a) collective negotiations between the Territory and an approved\nnegotiating agent, or approved negotiating agents, under this\npart;\n(b) the conditions agreed in those negotiations;\n(c) service contracts containing core conditions;\n(d) everything done under a service contract.\n\n","sortOrder":84},{"sectionNumber":"120","sectionType":"section","heading":"Definitions—pt 8","content":"120 Definitions—pt 8\ndivulge—see section 121.\ninformation holder—see section 122.\nNote Protected information and sensitive information are defined for the Act\n(see s 123 and s 124).\n","sortOrder":85},{"sectionNumber":"121","sectionType":"section","heading":"When is information divulged?","content":"121 When is information divulged?\ndivulge includes communicate.\n","sortOrder":86},{"sectionNumber":"122","sectionType":"section","heading":"Who is an information holder?","content":"122 Who is an information holder?\nFor this part, a person is an information holder if—\n(a) the person is or has been—\n(i) a member of a quality assurance committee; or\n(ii) a member of a scope of clinical practice committee; or\n(iii) someone else exercising a function under part 4 (Quality\nassurance) or part 5 (Reviewing scope of clinical practice);\nor\n(iv) someone else engaged in the administration of part 4\n(Quality assurance) or part 5 (Reviewing scope of clinical\npractice); or\n\nSecrecy Part 8\n(b) the person has been given information under this Act by a person\nmentioned in paragraph (a).\nNote Information may be given to people under various provisions of\npt 4 and pt 5, including:\n• s 39 (Giving health service reports to CEO or\ndirector-general)\n• s 43 (Quality assurance committees—giving information to\nthe Coroner’s Court)\n• s 44 (Quality assurance committees—giving information to\nother quality assurance committees)\n• s 45 (Quality assurance committees—giving information to\nhealth board and health services commissioner)\n• s 74 (Scope of clinical practice committees—giving\ninformation to health board and health services\ncommissioner).\n","sortOrder":87},{"sectionNumber":"123","sectionType":"section","heading":"What is protected information?","content":"123 What is protected information?\n(1) For this Act, information is protected information about a person if\nit is information about the person that is disclosed to, or obtained by,\nan information holder because of the exercise of a function under this\nAct by the information holder or someone else.\n(2) Without limiting subsection (1), protected information includes\n","sortOrder":88},{"sectionNumber":"124","sectionType":"section","heading":"What is sensitive information?","content":"124 What is sensitive information?\nsensitive information means information that—\n(a) identifies a person who—\n(i) has received a health service; or\n(ii) is a health service provider; or\n\n(iii) has provided information to a quality assurance committee\nunder section 35 (Quality assurance committees—\nobtaining information) or otherwise in the course of the\ncommittee carrying out the committee’s functions under\nthis Act; or\n(iv) has provided information to a scope of clinical practice\ncommittee under section 64 (Scope of clinical practice\ncommittees—obtaining information) or otherwise in the\ncourse of the committee carrying out the committee’s\nfunctions under this Act; or\n(b) would allow the identity of the person to be worked out.\n","sortOrder":89},{"sectionNumber":"125","sectionType":"section","heading":"Offence—secrecy of protected information","content":"125 Offence—secrecy of protected information\n(1) An information holder commits an offence if—\n(a) the information holder—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the information holder—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to another person.\n\nSecrecy Part 8\n(2) This section does not apply to the making of a record or the divulging\nof information if the record is made or the information divulged—\n(a) under this Act; or\n(b) in the exercise of a function, as an information holder, under this\nAct.\n(3) This section does not apply to the making of a record or the divulging\nof information if—\n(a) the protected information is not sensitive information; and\n(b) the record is made or the information divulged—\n(i) under another territory law; or\n(ii) in the exercise of a function, as an information holder,\nunder another territory law.\n(4) This section does not apply to the divulging of protected information\nabout someone with the person’s agreement.\n(5) An information holder must not divulge protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act.\nNote A quality assurance committee may give protected information to the\nCoroner’s Court (see s 43).\n(6) In this section:\nproduce includes allow access to.\n\n","sortOrder":90},{"sectionNumber":"126","sectionType":"section","heading":"Information may be given to Chief Executive Medicare","content":"126 Information may be given to Chief Executive Medicare\n(1) The CEO of a health facility may give protected information about a\nhealth service provided by a health service provider for the health\nfacility to—\n(a) Chief Executive Medicare; or\n(b) the auditor-general.\n(2) However, the CEO must not give the information unless—\n(a) the CEO is satisfied that the giving of the information will help\nthe prevention or detection of fraud; and\n(b) the Minister agrees, in writing, to the giving of the information.\nCEO, of a health facility—see section 22.\nChief Executive Medicare—see the Human Services (Medicare)\nAct 1973 (Cwlth), section 3.\n\nOffence—provision of health services by non-health practitioners Part 8A\n","sortOrder":91},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Offence—provision of health","content":"Part 8A Offence—provision of health\nservices by non-health\npractitioners\n","sortOrder":92},{"sectionNumber":"127","sectionType":"section","heading":"Provision of regulated health service by person not","content":"127 Provision of regulated health service by person not\nhealth practitioner\n(1) A person commits an offence if—\n(a) the person intentionally provides a regulated health service; and\n(b) the person is not a health practitioner.\nExample—someone providing a regulated health service to someone in the\nACT when not a health practitioner\nA person (Dr W) provides a medical service by a video link from an island in the\nSouth Pacific to Mary Smith in the ACT. Dr W advises Mary that she needs to have\nher tonsils removed. Dr W is not a health practitioner. Dr W contravenes this\nsubsection.\n(2) This section does not apply to—\n(a) a health service provided in an emergency; or\n(b) the provision, by mail order, or over the internet or by other\nelectronic means, of manufactured aids to rehabilitation or\nsurgical prosthetics and orthotics; or\n(c) a health service ordinarily provided in the ordinary course of\nbusiness by people other than health practitioners.\nExample—par (b)\ndental restorative or corrective devices\nregulated health service means a health service ordinarily provided\nby a health practitioner.\n\n","sortOrder":93},{"sectionNumber":"130","sectionType":"section","heading":"Review of decisions","content":"130 Review of decisions\n(1) A practitioner for a health facility may apply to the ACAT for review\nof a decision of the CEO of the health facility under section 69—\n(a) to amend or withdraw the scope of clinical practice of the\npractitioner; or\n(b) to amend the terms of engagement of the practitioner; or\n(c) to suspend or end the engagement of the practitioner.\n(2) An applicant under section 84 may apply to the ACAT for review of\na decision of the Minister to refuse approval of a medical facility, or\na part of a medical facility, to carry out surgical abortions.\n","sortOrder":94},{"sectionNumber":"131","sectionType":"section","heading":"Pt 10 obligations—no contracting out","content":"131 Pt 10 obligations—no contracting out\nTo remove any doubt, for section 130 this part applies in relation to a\npractitioner for a health facility despite anything to the contrary in a\nterm of the practitioner’s engagement.\n\n","sortOrder":95},{"sectionNumber":"189","sectionType":"section","heading":"Protection of practitioner from liability in emergency","content":"189 Protection of practitioner from liability in emergency\n(1) A practitioner for a health facility does not incur personal civil\nliability for an act done or omission made that falls outside the\npractitioner’s scope of clinical practice at the health facility if done or\nmade honestly and without recklessness to assist, or give advice about\nthe assistance to be given to, a person who is apparently—\n(a) injured or at risk of being injured; or\n(b) in need of emergency medical assistance.\n(2) However, the protection does not apply if—\n(a) there is in force a professional indemnity insurance arrangement\nthat covers the liability; or\n(b) the practitioner’s capacity to exercise appropriate care and skill\nwas, at the relevant time, significantly impaired by a recreational\ndrug.\nrecreational drug means a drug consumed voluntarily for\nnon-medicinal purposes, and includes alcohol.\n","sortOrder":96},{"sectionNumber":"190","sectionType":"section","heading":"Disclosure of interests by committee members","content":"190 Disclosure of interests by committee members\n(1) If a member of a committee to which this section applies has a\nmaterial interest in an issue being considered, or about to be\nconsidered, by the committee, the member must disclose the nature\nof the interest at a committee meeting as soon as practicable after the\nrelevant facts come to the member’s knowledge.\nNote 1 This section applies to a quality assurance committee (see s 32) and a\nscope of clinical practice committee (see s 61).\nNote 2 Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n\n(2) The disclosure must be recorded in the committee’s minutes and,\nunless the committee otherwise decides, the member must not—\n(a) be present when the committee considers the issue; or\n(b) take part in a decision of the committee on the issue.\nExample\nAdam, Ben and Charlotte are members of a quality assurance committee. They\nhave an interest in an issue being considered at a committee meeting and they\ndisclose the interest as soon as they become aware of it. Adam’s and Ben’s interests\nare minor but Charlotte has a direct financial interest in the issue.\nThe committee considers the disclosures and decides that because of the nature of\nthe interests:\n• Adam may be present when the committee considers the issue but not take part\nin the decision\n• Ben may be present for the consideration and take part in the decision.\nThe committee does not make a decision allowing Charlotte to be present or take\npart in the committee’s decision. Accordingly, since Charlotte has a material\ninterest she cannot be present for the consideration of the issue or take part in the\ndecision.\n(3) Any other committee member who also has a material interest in the\nissue must not be present when the committee is considering its\ndecision under subsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\n\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a committee member has a material interest in an\nissue if the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the committee’s consideration of the issue.\n","sortOrder":97},{"sectionNumber":"191","sectionType":"section","heading":"References to Health and Community Care Service","content":"191 References to Health and Community Care Service\n(1) In any Act, instrument made under an Act, contract or other\ndocument, a reference to the Health and Community Care Service\nis, for the application of that Act, instrument, contract or other\ndocument after the commencement of this section, a reference to the\nTerritory.\n\nHealth and Community Care Service means the Australian Capital\nTerritory Health and Community Care Service established by the\nHealth and Community Care Services Act 1996 (repealed).\n","sortOrder":98},{"sectionNumber":"192","sectionType":"section","heading":"Determination of fees","content":"192 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) Without limiting subsection (1), the Minister may determine fees in\nrelation to the provision of health and community care services.\n(3) A determination is a disallowable instrument.\n(4) A determination may adopt a Commonwealth law or a health benefits\nagreement (or a provision of a Commonwealth law or health benefits\nagreement) as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\nCommonwealth law means a Commonwealth Act, or any regulations,\nrules, ordinance or disallowable legislative instrument under a\nCommonwealth Act.\ndisallowable legislative instrument, for a Commonwealth Act,\nmeans a legislative instrument that can be disallowed under the\nLegislation Act 2003 (Cwlth), chapter 3, part 2 (Parliamentary\nscrutiny of legislative instruments), including that part, or provisions\nof that part, applied by another Commonwealth law.\nhealth benefits agreement means an agreement between the Territory\nand an entity that provides health benefits to contributors of a health\nbenefits fund conducted by the entity.\n\n","sortOrder":99},{"sectionNumber":"193","sectionType":"section","heading":"Payment of fees and interest","content":"193 Payment of fees and interest\n(1) A fee is payable to the Territory on or before the payment date.\n(2) If an amount for a fee remains unpaid after the payment date, in\naddition to that amount, interest calculated on the aggregate amount\nat the rate determined by the Minister is payable to the Territory in\nrelation to every month or part of a month that the aggregate amount\nremains unpaid.\n(3) A determination is a disallowable instrument.\naggregate amount, for a month, means the total of—\n(a) the amount of the fee; and\n(b) the amount of interest;\nremaining unpaid at the end of the previous month.\npayment date, for a fee, means the 28th day after the day when the\naccount for the fee was issued.\n","sortOrder":100},{"sectionNumber":"194","sectionType":"section","heading":"Approved forms","content":"194 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the form must\nbe used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":101},{"sectionNumber":"196","sectionType":"section","heading":"Regulation-making power","content":"196 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may apply, adopt or incorporate a law or instrument as\nin force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• Act\n• ACT\n• appoint\n• Commonwealth\n• Coroner’s Court\n• dentist\n• director-general (see s 163)\n• doctor\n• entity\n• exercise\n• found guilty\n• function\n• health practitioner\n• in relation to\n• interest\n• make\n• midwife\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• nurse practitioner\n• penalty unit (see s 133)\n• pharmacist\n• proceeding\n\n• territory law\n• the Territory\n• tribunal.\nabortifacient, for part 6 (Abortions)—see section 80 (1).\nabortion, for part 6 (Abortions)—see section 80 (1).\napproved medical facility, for part 6 (Abortions)—see section 80 (1).\nauthorised representative, for part 7 (VMO service contracts)—see\ncapture visual data, for division 6.2 (Patient privacy in protected\nCEO—\n(a) of a health facility, for part 4 (Quality assurance)—see\nsection 22; and\n(b) of a health professional organisation, for part 4 (Quality\nassurance)—see section 23; and\n(c) of a health facility, for part 5 (Reviewing scope of clinical\npractice)—see section 53.\ncore conditions, for part 7 (VMO service contracts)—see section 100.\nday hospital means a facility where a person is admitted for surgical\nor medical treatment and discharged on the same day.\ndental technical work means work involving the making, altering,\nrepairing or maintaining of dental prosthetic appliances.\nExample—dental technical work\nshade-taking for dental prosthetic appliances\ndental technician means a person who does dental technical work\nand either—\n(a) is a graduate of a course of education in dental technical work\naccredited by the Council of Regulating Authorities for Dental\nTechnicians and Dental Prosthetists (CORA); or\n\n(b) has—\n(i) completed a course of education or training in dental\nprosthetic work outside Australia that is accredited by\nCORA; and\n(ii) passed an exam in dental prosthetic work accredited by\nCORA.\ndivulge, for part 8 (Secrecy)—see section 121.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nentity, for part 7 (VMO service contracts)—see section 100.\nhealth board means a national board established under the Health\nPractitioner Regulation National Law (ACT), section 31.\nhealth facility—see section 6.\nhealth facility QAC, for a health facility, for part 4 (Quality\nassurance)—see section 20.\nhealth professional organisation, for part 4 (Quality assurance)—see\nsection 21.\nhealth professional organisation QAC, for a health professional\norganisation, for part 4 (Quality assurance)—see section 20.\nhealth service—see section 5.\nhealth service provider—see section 7.\nhealth service report, for part 4 (Quality assurance)—see section 38.\nhospital, for part 5 (Reviewing scope of clinical practice)—see\nsection 50.\ninformation holder, for part 8 (Secrecy)—see section 122.\nministerial report, for part 4 (Quality assurance)—section 41.\n\nnegotiating agent, for part 7 (VMO service contracts)—see\nnegotiating period, for part 7 (VMO service contracts)—see\nsection 103 (2).\npractice corporation, for part 7 (VMO service contracts)—see\npractitioner, for a health facility—see section 52.\nprohibited behaviour, for division 6.2 (Patient privacy in protected\nprotected area, for division 6.2 (Patient privacy in protected areas)—\nsee section 85.\nprotected facility, for division 6.2 (Patient privacy in protected\nprotected information—see section 123.\nquality assurance committee—see section 24.\nreview, in relation to the scope of clinical practice, for part 5\n(Reviewing scope of clinical practice)—see section 55.\nscope of clinical practice, of a practitioner, for a health facility, for\npart 5 (Reviewing scope of clinical practice)—see section 54.\nscope of clinical practice committee—see section 51.\nscope of clinical practice executive decision notice, for part 5\n(Reviewing scope of clinical practice)—see section 70.\nscope of clinical practice report, for part 5 (Reviewing scope of\nclinical practice)—see section 67.\nsensitive information—see section 124.\nservice contract, for part 7 (VMO service contracts)—see\nspecial purpose QAC, for part 4 (Quality assurance)—see section 20.\n\nsurgical abortion, for part 6 (Abortions)—see section 80 (1).\nVMO, or visiting medical officer, for part 7 (VMO service\ncontracts)—see section 100.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nHealth Act 1993 A1993-13\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993 (s 2)\nas amended by\nHealth (Amendment) Act 1994 A1994-23\nnotified 20 May 1994 (Gaz 1994 No S87)\ncommenced 20 May 1994 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 44\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 44 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994\nNo S250)\nHealth and Community Care Services (Consequential Provisions)\nAct 1996 A1996-35 sch\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nHealth (Amendment) Act 1998 A1998-50\nnotified 16 November 1998 (Gaz 1998 No S205)\ncommenced 16 November 1998 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\n\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 175\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 175 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 1.3\nnotified 5 September 2001 (Gaz 2001 No S65)\ns 1, s 2 commenced 5 September 2001 (IA s 10B)\namdts 1.3-1.8, 1.10-1.13, 1.15, 1.16, 1.17, 1.35 commenced\n12 September 2001 (s 2 (2))\npt 1.3 remainder commenced 5 September 2001 (s 2 (1))\nHealth and Community Care Services (Repeal and Consequential\nAmendments) Act 2002 A2002-47 pt 1.2\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.2 commenced 31 December 2002 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 1 pt 1.1\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 October 2003 (s 2 (1))\nHealth Amendment Act 2003 A2003-43\nnotified LR 29 September 2003\ns 1, s 2 commenced 29 September 2003 (LA s 75 (1))\nremainder commenced 30 September 2003 (s 2)\nNurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 2\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\npt 2 commenced 27 May 2004 (s 2 and CN2004-9)\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 1 pt 1.3\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 1 pt 1.3 commenced 7 July 2005 (s 2 and see Health Professionals\nAct 2004 A2004-38, s 2 and CN2005-11)\n\nHealth Legislation Amendment Act 2005 A2005-28 amdt 1.70\nnotified LR 6 July 2005\ns 1, s 2 commenced 6 July 2005 (LA s 75 (1))\namdt 1.70 commenced 7 July 2005 (s 2)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.24\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.24 commenced 24 November 2005 (s 2)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.10\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.10 commenced 11 January 2006 (s 2 (1))\nHealth Legislation Amendment Act 2006 A2006-27 pt 2, sch 1\nnotified LR 14 June 2006\ns 1, s 2 commenced 14 June 2006 (LA s 75 (1))\npt 2, sch 1 commenced 14 December 2006 (s 2 and LA s 79)\nHealth Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.8\nnotified LR 17 November 2006\ns 1, s 2 commenced 17 November 2006 (LA s 75 (1))\nsch 2 pt 2.8 commenced 18 November 2006 (s 2 (2))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.18\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.18 commenced 11 July 2007 (s 2 (1))\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2\npt 2.12\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.12 commenced 14 February 2009 (s 2 and LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.53\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.53 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.7\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.7 commenced 1 July 2010 (s 2 (1) (a))\nas modified by\nHealth Practitioner Regulation National Law (ACT) (Transitional\nProvisions) Regulation 2010 (No 2) SL2010-39 s 3 and sch 1\nnotified LR 11 October 2010\ns 1, s 2 commenced 11 October 2010 (LA s 75 (1))\ns 3 and sch 1 commenced 12 October 2010 (s 2)\nas amended by\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.11\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.11 commenced 1 January 2011 (s 2 (1))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.22\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.22 commenced 1 March 2011 (s 2)\nHealth Amendment Act 2011 A2011-11\nnotified LR 12 April 2011\ns 1, s 2 commenced 12 April 2011 (LA s 75 (1))\ns 4, s 5 commenced 1 July 2011 (s 2 (2))\nremainder commenced 13 April 2011 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.76\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.76 commenced 1 July 2011 (s 2 (1))\n\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.18\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.18 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2013 A2013-19 sch 1 pt 1.1\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 14 June 2013 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 1 pt 1.2, sch 3\npt 3.11\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.2, sch 3 pt 3.11 commenced 25 November 2013 (s 2)\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.4\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 December 2015 (s 2 (1) and CN2015-22)\nHealth Legislation Amendment Act 2016 A2016-11 pt 3\nnotified LR 1 March 2016\ns 1, s 2 commenced 1 March 2016 (LA s 75 (1))\npt 3 commenced 2 March 2016 (s 2)\nHealth (Patient Privacy) Amendment Act 2015 A2015-43\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nremainder commenced 22 March 2016 (s 2 and CN2016-4)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.14\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.14 commenced 9 March 2017 (s 2)\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.3\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2017 (s 1B and CN2017-1)\n\nHealth (Improving Abortion Access) Amendment Act 2018 A2018-37\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\nremainder commenced 1 July 2019 (s 2 (1) and CN2019-10)\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.2, sch 3 pt 3.17\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.2, sch 3 pt 3.17 commenced 22 November 2018 (s 2 (1))\nHealth Amendment Act 2019 A2019-33\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (2))\nremainder commenced 10 October 2019 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.22\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.22 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.20\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.20 commenced 24 August 2022 (s 2)\nHealth Infrastructure Enabling Act 2023 A2023-17 sch 2 pt 2.1\nnotified LR 2 June 2023\ns 1, s 2 commenced 2 June 2023 (LA s 75 (1))\nsch 2 pt 2.1 commenced 3 July 2023 (s 2 (2) and see s 7 (1) (a))\nHealth (Improved Abortion Access) Amendment Act 2024 A2024-30\nnotified LR 9 July 2024\ns 1, s 2 commenced 9 July 2024 (LA s 75 (1))\nremainder commenced 10 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.90\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.90 commenced 16 December 2025 (s 2 (6))\n\nHealth Legislation Amendment Act 2025 (No 2) A2025-33 pt 2\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 2 commenced 26 November 2025 (s 2 (3))\n\nLong title\nlong title sub A1998-50 s 4\nam A2002-47 amdt 1.10\nName of Act\ns 1 sub A2001-56 amdt 1.3\ns 2 om A2001-44 amdt 1.2022\nins A2001-56 amdt 1.3\nam A2006-27 s 4; A2010-10 amdt 2.27\nNotes\ns 3 defs reloc to dict A2001-56 amdt 1.6\nsub A2001-56 amdt 1.7\nDeclaration of quality assurance activity\ns 3A renum as s 4\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4\nrenum as s 5 and then s 10\nprev s 4\n(prev s 3A) ins A2001-56 amdt 1.8\nrenum as s 4 R4 LA (see A2001-56 amdt 1.36)\nom A2006-27 s 5\npres s 4\n(prev s 3A) ins A2005-54 amdt 1.167\nrenum as s 4 A2006-27 amdt 1.1\nImportant concepts\npt 2 hdg orig pt 2 hdg\nrenum as pt 3 hdg\npres pt 2 hdg\nWhat is a health service?\ns 5 orig s 5\nrenum as s 6 and then s 11\nprev s 5\nrenum as s 10\npres s 5\nWhat is a health facility?\ns 6 orig s 6\nrenum as s 7 and then s 12\nprev s 6\nrenum as s 11\n\npres s 6\nam A2010-10 amdt 2.28\nWho is a health service provider?\ns 7 orig s 7\nrenum as s 8\nprev s 7\nrenum as s 12\npres s 7\nam A2010-10 amdt 2.29\nAppointment of members\ns 7A renum as s 9\nWhat is the local hospital network?\ns 8 hdg (prev s 7 hdg) sub A2001-56 amdt 1.10\ns 8 (prev s 7) am A1994-38 sch 1 pt 44; A1996-35 sch; A2001-56\namdts 1.10-1.12\nrenum as s 8 R4 LA (see A2001-56 amdt 1.36)\nam A2002-47 amdt 1.12, amdt 1.13\nins A2011-11 s 4\nom A2017-4 amdt 3.66\nDisclosure of interest\ns 8A renum as s 11\nAppointment of members\ns 9 (prev s 7A) ins A2001-56 amdt 1.13\nrenum as s 9 R4 LA (see A2001-56 amdt 1.36)\nHealth care principles\npt 3 hdg orig pt 3 hdg\nsub A1998-50 s 6\npres pt 3 hdg\n(prev pt 2 hdg) renum as pt 3 hdg A2006-27 amdt 1.2\nGeneral\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R4 LA (see A2001-56 amdt 1.36)\nConfidentiality and evidentiary matters\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R4 LA (see A2001-56 amdt 1.36)\n\nObjectives\ns 10 orig s 10\nrenum as s 13\nprev s 10\n(prev s 8) am A1998-50 s 7\nrenum as s 10 R4 LA (see A2001-56 amdt 1.36)\npres s 10\n(prev s 4) am A1996-35 sch\nrenum as s 5 R4 LA (see A2001-56 amdt 1.36)\nam A2002-47 amdt 1.11\nrenum as s 10 A2006-27 amdt 1.3\nam A2011-3 amdt 3.220\nMedicare principles and commitments\ns 11 orig s 11\nrenum as s 14\nprev s 11\n(prev s 8A) ins A1998-50 s 8\nrenum as s 11 R4 LA (see A2001-56 amdt 1.36)\npres s 11\n(prev s 5) am A1994-23 s 4; A2001-56 amdt 1.9\nrenum as s 6 R4 LA (see A2001-56 amdt 1.36)\nrenum as s 11 A2006-27 amdt 1.3\nam A2022-14 amdt 3.104\nLegal effect\ns 12 orig s 12\nrenum as s 15\nprev s 12\n(prev s 9) am A1998-50 s 9; A2001-56 amdts 1.14-1.17\nrenum as s 12 R4 LA (see A2001-56 amdt 1.36)\nam A2003-41 amdt 1.1\npres s 12\n(prev s 6) renum as s 7 R4 LA (see A2001-56 amdt 1.36)\nrenum as s 12 A2006-27 amdt 1.3\nLocal Health and Hospitals Network\npt 3A hdg orig pt 3A hdg\nrenum as pt 4 hdg\npres pt 3A hdg\nEstablishment, functions and members of Local Hospital Network Council\ndiv 3A.1 hdg ins A2011-11 s 5\n\nLocal Hospital Network Council\ns 13 (prev s 10) am A1998-50 s 10; A1998-54 sch\nrenum as s 13 R4 LA (see A2001-56 amdt 1.36)\nsub A2005-54 amdt 1.168\nProtection of people assisting committee\ns 13AA renum as s 17\nDefinitions for pt 4\ns 13AB renum as s 18\nCommittee to be approved\ns 13AC renum as s 19\nProcedure and conduct of matters\ns 13AD renum as s 20\nDisclosure of interest\ns 13AE renum as s 21\nNondisclosure of identity\ns 13AF renum as s 22\nAdmissibility of evidence\ns 13AG renum as s 23\nMembers not compellable\ns 13AH renum as s 24\nProtection of members\ns 13AI renum as s 25\nProtection of people assisting committee\ns 13AJ renum as s 26\nInterpretation for pt 5\ns 13A renum as s 27\nFunctions of council\ns 14 (prev s 11) sub A1998-50 s 11\nrenum as s 14 R4 LA (see A2001-56 amdt 1.36)\n\nCouncil report to Minister etc\ns 15 hdg (prev s 12 hdg) sub A2003-41 amdt 1.1\ns 15 (prev s 12) am A1998-50 s 12\nrenum as s 15 R4 LA (see A2001-56 amdt 1.36)\nMembership of council\ns 16 (prev s 13) am A1996-35 sch; A1998-50 s 13; A2001-56\namdts 1.18-1.24\nrenum as s 16 R4 LA (see A2001-56 amdt 1.36)\nam A2002-47 amdt 1.14\nMembers of council\ns 17 orig s 17\npres s 17\n(prev s 13AA) ins A1998-50 s 14\nam A2001-56 amdt 1.25\nrenum as s 17 R4 LA (see A2001-56 amdt 1.36)\nam A2002-47 amdt 1.14\nChair and deputy chair\ns 18 orig s 18\npres s 18\n(prev s 13AB) ins A1998-50 s 15\ndef prescribed body ins A1998-50 s 15\nam A2001-56 amdt 1.26\ndef private day hospital facility ins A1998-50 s 15\nrenum as s 18 R4 LA (see A2001-56 amdt 1.36)\nTerm of appointment of members\ns 19 (prev s 13AC) ins A1998-50 s 15\nam A2001-44 amdt 1.2023, amdt 1.2024\nrenum as s 19 R4 LA (see A2001-56 amdt 1.36)\n\nEnding of appointment of members\ns 19A orig s 19A\nrenum as s 31\npres s 19A\nConditions of appointment generally\ns 19B ins A2011-11 s 5\nProceedings of council\ndiv 3A.2 hdg ins A2011-11 s 5\nTime and place of meetings of council\ns 19C ins A2011-11 s 5\nProcedures governing proceedings of council\ns 19D ins A2011-11 s 5\nCouncil—disclosure of interests\ns 19E ins A2011-11 s 5\nReview of pt 3A\ndiv 3A.3 hdg ins A2011-11 s 5\nexp 1 July 2013 (s 19F (3))\nReview of pt 3A\ns 19F ins A2011-11 s 5\nexp 1 July 2013 (s 19F (3))\nQuality assurance\npt 4 hdg (prev pt 3A hdg) ins A1998-50 s 15\nrenum as pt 4 hdg R4 LA (see A2001-56 amdt 1.36)\nQuality assurance—important concepts\ndiv 4.1 hdg (prev pt 3A div 1 hdg) renum R4 LA (see A2001-56 amdt 1.36)\nDefinitions—pt 4\ns 20 (prev s 13AD) ins A1998-50 s 15\nrenum as s 20 R4 LA (see A2001-56 amdt 1.36)\ndef CEO ins A2006-27 s 6\ndef health facility QAC ins A2006-27 s 6\n\ndef health professional organisation ins A2006-27 s 6\ndef health professional organisation QAC ins A2006-27 s 6\ndef health service report ins A2006-27 s 6\ndef ministerial report ins A2006-27 s 6\ndef special purpose QAC ins A2006-27 s 6\nsub A2018-42 amdt 3.48\nWhat is a health professional organisation?\ns 21 orig s 21\nrenum as s 34\npres s 21\n(prev s 13AE) ins A1998-50 s 15\nrenum as s 21 R4 LA (see A2001-56 amdt 1.36)\nWho is the CEO of a health facility?\ns 22 orig s 22\nrenum as s 35 and then s 191\npres s 22\n(prev s 13AF) ins A1998-50 s 15\nrenum as s 22 R4 LA (see A2001-56 amdt 1.36)\nsub A2005-54 amdt 1.169; A2006-27 s 6\nWho is the CEO of a health professional organisation?\ns 23 (prev s 13AG) ins A1998-50 s 15\nrenum as s 23 R4 LA (see A2001-56 amdt 1.36)\nQuality assurance—quality assurance committees\ndiv 4.2 hdg (prev pt 3A div 2 hdg) renum R4 LA (see A2001-56 amdt 1.36)\nWhat is a quality assurance committee?\ns 24 (prev s 13AH) ins A1998-50 s 15\nrenum as s 24 R4 LA (see A2001-56 amdt 1.36)\nApproval of health facility QACs\ns 25 (prev s 13AI) ins A1998-50 s 15\nam A2001-56 amdts 1.27-1.33\nrenum as s 25 R4 LA (see A2001-56 amdt 1.36)\n\nApproval of health professional organisation QACs\ns 26 (prev s 13AJ) ins A1998-50 s 15\nam A2001-56 amdt 1.34\nrenum as s 26 R4 LA (see A2001-56 amdt 1.36)\nApproval of special purpose QACs\ns 27 (prev s 13A) ins A1996-35 sch\nrenum as s 27 R4 LA (see A2001-56 amdt 1.36)\nQuality Assurance Committees—term\ns 27A ins A2011-11 s 6\nQuality assurance committees—criteria for approval\ns 28 (prev s 14) am A1994-38 sch 1 pt 44; A1998-50 s 16\nrenum as s 28 R4 LA (see A2001-56 amdt 1.36)\nQuality assurance committees—revocation of approval\ns 29 (prev s 15) renum as s 29 R4 LA (see A2001-56 amdt 1.36)\nQuality assurance committees—functions\ns 30 (prev s 16) renum as s 30 R4 LA (see A2001-56 amdt 1.36)\nMeaning of abortion for pt 6\ns 30A renum as s 80\nOnly doctor may carry out abortion\ns 30B renum as s 81\nAbortion to be carried out in approved medical facility\ns 30C renum as s 82\nApproval of facilities\ns 30D renum as s 83\nNo obligation to carry out abortion\ns 30E renum as s 84\nQuality assurance committees—appointment of members\ns 31 (prev s 19A) ins A1996-35 sch\nrenum as s 31 R4 LA (see A2001-56 amdt 1.36)\n\nQuality assurance committees—disclosure of interests\ns 32 (prev s 19) am A1994-38 sch 1 pt 44; A1994-60 sch 1\nsub A1998-50 s 17\nrenum as s 32 R4 LA (see A2001-56 amdt 1.36)\nQuality assurance committees—procedure\ns 33 (prev s 20) am A1994-38 sch 1 pt 44; A1994-60 sch 1\nsub A1998-50 s 17\nrenum as s 33 R4 LA (see A2001-56 amdt 1.36)\nDefinitions for pt 7\ns 33A renum as s 100\nService contracts\ns 33B renum as s 101\nCore conditions\ns 33C renum as s 102\nCollective negotiations\ns 33D renum as s 103\nNegotiating agents\ns 33E renum as s 104\nAuthorised representatives\ns 33F renum as s 105\nArbitration\ns 33G renum as s 106\nTrade Practices Act authorisation\ns 33H renum as s 107\nQuality assurance committees—protection of members etc from liability\ns 34 (prev s 21) ins A1994-23 s 5\nrenum as s 34 R4 LA (see A2001-56 amdt 1.36)\nom A2006-27 amdt 1.25\nQuality assurance committees—obtaining information\ns 35 orig s 35\nrenum as s 191\npres s 35\nAssessment and evaluation of health services\ndiv 4.3 hdg ins A2006-27 s 6\n\nAssessment and evaluation of health services\ns 36 orig s 36\nrenum as s 192\npres s 36\nApproval of quality assurance activities\ns 37 orig s 37\nrenum as s 193\npres s 37\nApproved forms\ns 37A renum as s 194\nRegulations about nurse practitioners\ns 37B renum as s 195\nPreparing health service reports\ns 38 orig s 38\nrenum as s 196\npres s 38\nExtraordinary reports\ns 38A ins A2011-11 s 7\nInterim reports\ns 38B ins A2011-11 s 7\nGiving health service reports to CEO or director-general\ns 39 hdg am A2011-22 amdt 1.238\ns 39 orig s 39\nprev s 39\nrenum as s 240\npres s 39\n\nMonitoring implementation of recommendations\ns 40 orig s 40\nprev s 40\nrenum as s 241\npres s 40\nQuality assurance committees—reporting\ndiv 4.4 hdg ins A2006-27 s 6\nAnnual quality assurance committee report to Minister\ns 41 ins A2002-47 amdt 1.16\nOther quality assurance committee reports\ns 42 ins A2002-47 amdt 1.16\nQuality assurance committees—information sharing\ndiv 4.5 hdg ins A2006-27 s 6\nQuality assurance committees—giving information to the Coroner’s Court\ns 43 ins A2002-47 amdt 1.16\nQuality assurance committees—giving information to other quality\nassurance committees\ns 44 ins A2002-47 amdt 1.16\nQuality assurance committees—giving information to health board and\nhealth services commissioner\ns 45 hdg am A2010-10 amdt 2.30\ns 45 ins A2002-47 amdt 1.16\nam A2010-10 amdt 2.30\n\nQuality assurance committees—giving information to Minister\ns 46 ins A2002-47 amdt 1.16\nQuality assurance committees—admissibility of evidence\ns 47 ins A2006-27 s 6\nReviewing scope of clinical practice\npt 5 hdg orig pt 5 hdg\npres pt 5 hdg\n(prev pt 4 hdg) renum as pt 5 hdg R4 LA (see A2001-56\namdt 1.36)\nsub A2006-27 s 6; A2011-11 s 9\nDefinitions—pt 5\ns 50 ins A2006-27 s 6\nam A2019-33 s 5\ndef CEO ins A2006-27 s 6\ndef chief executive officer, Calvary ins A2018-42 amdt 3.49\nom A2023-17 amdt 2.1\ndef clinical privileges ins A2006-27 s 6\ndef clinical privileges report ins A2006-27 s 6\ndef clinical privileges review notice ins A2006-27 s 6\ndef dentist ins A2006-27 s 6\ndef doctor ins A2006-27 s 6\ndef eligible midwife ins A2013-44 amdt 1.2\ndef hospital ins A2006-27 s 6\ndef review ins A2006-27 s 6\nsub A2011-11 s 11\ndef scope of clinical practice ins A2011-11 s 11\nam A2013-44 amdt 1.3; A2019-33 s 12\ndef scope of clinical practice executive decision notice ins\nA2011-11 s 11\ndef scope of clinical practice report ins A2011-11 s 11\nWhat is a scope of clinical practice committee?\ns 51 ins A2006-27 s 6\nsub A2011-11 s 12\n\nWho is a practitioner for a health facility?\ns 52 hdg sub A2013-44 amdt 1.4\ns 52 ins A2006-27 s 6\nam A2013-44 amdt 1.5\nsub A2019-33 s 6\nWho is the CEO of a health facility?\ns 53 ins A2006-27 s 6\nWhat is scope of clinical practice?\ns 54 ins A2006-27 s 6\nam A2013-44 amdt 1.6; A2019-33 s 12\nMeaning of review scope of clinical practice\ns 55 ins A2006-27 s 6\nApproval of scope of clinical practice committees\ns 56 ins A2006-27 s 6\nScope of clinical practice committees—criteria for approval\ns 57 ins A2006-27 s 6\nScope of clinical practice committees—revocation of approval\ns 58 ins A2006-27 s 6\nScope of clinical practice committees—functions\ns 59 ins A2006-27 s 6\nam A2013-44 amdt 1.7, amdt 1.8; A2019-33 s 7, s 12, s 13\nScope of clinical practice committees—appointment of members\ns 60 ins A2006-27 s 6\nScope of clinical practice committees—disclosure of interests\ns 61 ins A2006-27 s 6\nScope of clinical practice committees—procedure\ns 62 ins A2006-27 s 6\n\nScope of clinical practice committees—protection of members etc from\nliability\ns 63 ins A2006-27 s 6\nScope of clinical practice committees—obtaining information\ns 64 ins A2006-27 s 6\nScope of clinical practice committee must give practitioner opportunity to\nexplain\ns 65 hdg am A2013-44 amdt 1.9; A2019-33 s 12\ns 65 ins A2006-27 s 6\nam A2013-44 amdt 1.9; A2019-33 s 12\nInterim and emergency withdrawal or amendment of scope of clinical\npractice by committee\ns 66 ins A2006-27 s 6\nam A2011-22 amdt 1.235; A2013-44 amdt 1.9, amdt 1.10;\nA2019-33 s 12, s 13; A2023-17 amdt 2.2, amdt 2.3\nPreparing scope of clinical practice reports\ns 67 ins A2006-27 s 6\nam A2013-44 amdt 1.11; A2019-33 s 12\nGiving scope of clinical practice reports to CEO of health facility and\npractitioner\ns 68 hdg am A2013-44 amdt 1.11; A2019-33 s 12\ns 68 ins A2006-27 s 6\nam A2013-44 amdt 1.11; A2019-33 s 12\nCEO may make interim or emergency decision on scope of clinical practice\ns 69 ins A2006-27 s 6\nam A2011-22 amdt 1.238; A2013-44 amdt 1.11; A2019-33\ns 12; A2023-17 amdt 2.4; pars renum R44 LA\nCEO must make decision on scope of clinical practice report\ns 70 ins A2006-27 s 6\nam A2008-37 amdt 1.232\nam A2013-44 amdt 1.11, amdt 1.12, amdt 3.95; A2019-33\ns 12, s 13; A2025-29 amdt 4.90\n\nWhen CEO decision on scope of clinical practice report takes effect\ns 71 ins A2006-27 s 6\nam A2013-44 amdt 1.13; A2019-33 s 12; A2022-14\namdt 3.105\nCEO may give information about decision to health facility outside ACT\ns 72 hdg am A2010-10 amdt 2.30\ns 72 ins A2006-27 s 6\nam A2010-10 amdt 2.30\nam A2013-44 amdt 1.13; A2019-33 s 12\nRequest for information by health facility outside ACT\ns 73 ins A2006-27 s 6\nam A2013-44 amdt 1.13, amdt 1.14; A2019-33 s 12, s 13\nScope of clinical practice committees—giving information to health board\nand health services commissioner\ns 74 ins A2006-27 s 6\nam A2013-44 amdt 1.15; A2015-29 amdts 2.33-2.35;\nA2019-33 s 12\nScope of clinical practice committees—admissibility of evidence\ns 75 ins A2011-11 s 13\nSharing information with other committees\ns 76 ins A2011-11 s 13\nSharing information with 3rd parties\ns 77 ins A2011-11 s 13\nam A2013-44 amdt 1.15; A2019-33 s 12\nComplainants to remain anonymous\ns 78 ins A2011-11 s 13\nam A2013-44 amdt 1.15, amdt 1.16; A2019-33 s 8, s 12\nAbortions\npt 5A hdg renum as pt 6 hdg\nAbortions\npt 6 hdg orig pt 6 hdg\nom A2006-27 amdt 1.9\npres pt 6 hdg\n(prev pt 5A hdg) reloc from Medical Practitioners Act 1930\npt 4B by A2005-28 amdt 1.70\nrenum as pt 6 hdg A2006-27 amdt 1.4\n\nAbortions—generally\ndiv 6.1 hdg ins A2015-43 s 4\nDefinitions—pt 6\ns 80 hdg (prev s 30A hdg) am A2006-27 amdt 1.5\ns 80 (prev s 30A) reloc from Medical Practitioners Act 1930 s 55A\nrenum as s 80 A2006-27 amdt 1.6\ndef abortifacient ins A2018-37 s 4\ndef abortion sub A2018-37 s 4\ndef approved medical facility ins A2018-37 s 4\nam A2025-33 s 4\ndef surgical abortion ins A2018-37 s 4\nOffence—unauthorised supply or administration of abortifacient\ns 81 (prev s 30B) reloc from Medical Practitioners Act 1930 s 55B\nrenum as s 81 A2006-27 amdt 1.6\nam A2024-30 s 5\nOffence—unauthorised surgical abortion\ns 82 (prev s 30C) reloc from Medical Practitioners Act 1930 s 55C\nam A2006-27 amdt 1.7\nrenum as s 82 A2006-27 amdt 1.8\nSurgical abortion to be carried out in approved medical facility\ns 83 (prev s 30D) reloc from Medical Practitioners Act 1930 s 55D\nrenum as s 83 A2006-27 amdt 1.8\nam A2011-3 amdt 3.221\nApproval of facilities\ns 84 (prev s 30E) reloc from Medical Practitioners Act 1930 s 55E\nrenum as s 84 A2006-27 amdt 1.8\nConscientious objection\ns 84A ins A2018-37 s 4\nam A2024-30 ss 6-8\nPatient privacy in protected areas\ndiv 6.2 hdg ins A2015-43 s 5\n\nDefinitions—div 6.2\ns 85 ins A2015-43 s 5\nam A2018-37 s 12; A2025-29 amdt 4.90\ndef approved medical facility ins A2015-43 s 5\nam A2018-37 s 5\ndef capture visual data ins A2015-43 s 5\ndef prohibited behaviour ins A2015-43 s 5\nam A2018-37 ss 6-10\ndef protected area ins A2015-43 s 5\ndef protected facility ins A2018-37 s 11\nDeclaration of protected area\ns 86 ins A2015-43 s 5\nam A2018-37 ss 13-15; ss renum R39 LA; A2025-33 s 5;\nA2025-29 amdt 4.90\nProhibited behaviour in or in relation to protected area\ns 87 ins A2015-43 s 5\nam A2018-37 s 16, s 17\nVMO service contracts\npt 7 hdg orig pt 7 hdg\nrenum as pt 15 hdg\npres pt 7 hdg\n(prev pt 6A hdg) ins A2003-43 s 4\nrenum as pt 7 hdg A2006-27 amdt 1.10\nDefinitions for pt 7\ns 100 hdg (prev s 33A hdg) am A2006-27 amdt 1.11\ns 100 (prev s 33A) ins A2003-43 s 4\nrenum as s 100 A2006-27 amdt 1.16\ndef authorised representative ins A2003-43 s 4\nam A2006-27 amdt 1.12\ndef core conditions ins A2003-43 s 4\nam A2006-27 amdt 1.13\ndef entity ins A2003-43 s 4\ndef negotiating agent ins A2003-43 s 4\nam A2006-27 amdt 1.14\ndef negotiating period ins A2003-43 s 4\nam A2006-27 amdt 1.15\ndef practice corporation ins A2003-43 s 4\nam A2022-14 amdt 3.106\ndef service contract ins A2003-43 s 4\ndef VMO ins A2003-43 s 4\nService contracts\ns 101 (prev s 33B) ins A2003-43 s 4\nrenum as s 101 A2006-27 amdt 1.16\n\nCore conditions\ns 102 (prev s 33C) ins A2003-43 s 4\nam A2006-27 amdt 1.17, amdt 1.18\nrenum as s 102 A2006-27 amdt 1.19\nam A2011-3 amdt 3.222; A2025-29 amdt 4.90\nCollective negotiations\ns 103 (prev s 33D) ins A2003-43 s 4\nrenum as s 103 A2006-27 amdt 1.19\nam A2013-44 amdt 3.96; A2025-29 amdt 4.90\nNegotiating agents\ns 104 (prev s 33E) ins A2003-43 s 4\nam A2005-62 amdt 3.119\nrenum as s 104 A2006-27 amdt 1.19\nam A2017-4 amdt 3.67\nAuthorised representatives\ns 105 (prev s 33F) ins A2003-43 s 4\nam A2006-27 amdts 1.20-1.22\nrenum as s 105 A2006-27 amdt 1.23\nArbitration\ns 106 (prev s 33G) ins A2003-43 s 4\nrenum as s 106 A2006-27 amdt 1.23\nam A2011-3 amdt 3.223; A2013-19 amdt 1.1; A2017-7\namdt 1.4; A2025-29 amdt 4.90\nCompetition and Consumer Act authorisation\ns 107 hdg am A2010-54 amdt 3.32\ns 107 (prev s 33H) ins A2003-43 s 4\nrenum as s 107 A2006-27 amdt 1.23\nam A2010-54 amdt 3.33\nSecrecy\npt 8 hdg orig pt 8 hdg\nprev pt 8 hdg\nrenum as pt 20 hdg\npres pt 8 hdg\nins A2006-27 s 7\n\nDefinitions—pt 8\ns 120 ins A2006-27 s 7\nam A2021-12 amdt 3.48\ndef divulge ins A2006-27 s 7\ndef information holder ins A2006-27 s 7\ndef protected information ins A2006-27 s 7\nom A2021-12 amdt 3.47\nWhen is information divulged?\ns 121 ins A2006-27 s 7\nWho is an information holder?\ns 122 ins A2006-27 s 7\nam A2010-10 amdt 2.31; A2011-11 s 14, s 15; A2011-22\namdt 1.238\nWhat is protected information?\ns 123 ins A2006-27 s 7\nam A2021-12 amdt 3.49\nWhat is sensitive information?\ns 124 ins A2006-27 s 7\nam A2011-11 s 16\nOffence—secrecy of protected information\ns 125 ins A2006-27 s 7\nam A2011-3 amdt 3.224\nInformation may be given to Chief Executive Medicare\ns 126 hdg sub A2018-42 amdt 3.50\ns 126 ins A2006-27 s 7\nam A2018-42 amdts 3.51-3.53\nOffence—provision of health services by non-health practitioners\npt 8A hdg ins A2010-10 amdt 2.32\nProvision of regulated health service by person not health practitioner\ns 127 ins A2010-10 amdt 2.32\nPharmacists and pharmacy premises\npt 9 hdg orig pt 9 hdg renum as pt 10 hdg\nins A2008-26 amdt 2.74\nsub A2010-10 amdt 2.33\nom A2013-44 amdt 1.17\nMeaning of community pharmacy—pt 9\ns 128 ins A2010-10 amdt 2.33\nreloc to Public Health Act 1997 s 66U by A2013-44 amdt 1.18\nComplying pharmacy corporation\ns 128A ins A2010-10 amdt 2.33\nom A2013-44 amdt 1.19\n\nStandard of premises\ns 128B ins A2010-10 amdt 2.33\nam A2013-44 amdt 1.20, amdt 1.21\nreloc to Public Health Act 1997 s 66W by A2013-44 amdt 1.22\nRestriction on pharmacy premises—supermarkets\ns 129 ins A2008-26 amdt 2.74\nam A2010-10 amdt 2.34\nreloc to Public Health Act 1997 s 66X by A2013-44 amdt 1.22\nOwnership of pharmacy business\ns 129A ins as mod SL2010-39 mod 1.1\nexp 1 July 2012 (see A2010-10 s 12A (2))\nReview of decisions\npt 10 hdg (prev pt 9 hdg) ins A2006-27 s 7\nrenum as pt 10 hdg A2008-26 amdt 2.75\nReview of decisions\ns 130 ins A2006-27 s 7\nam A2008-37 amdt 1.233; A2011-11 s 17; A2013-44\namdt 1.23, amdt 1.24; A2018-37 s 18; A2019-33 s 12\nPt 10 obligations—no contracting out\ns 131 ins A2006-27 s 7\nsub A2013-44 amdt 1.25\nam A2018-37 s 19; A2019-33 s 12, s 13\nMiscellaneous\npt 15 hdg (prev pt 7 hdg) ins A1994-23 s 5\nrenum as pt 15 hdg A2006-27 amdt 1.24\nProtection of practitioner from liability in emergency\ns 189 hdg sub A2013-44 amdt 1.26\nam A2019-33 s 12\ns 189 ins A2011-11 s 18\nam A2013-44 amdt 1.27, amdt 1.28; A2019-33 s 12, s 13\nDisclosure of interests by committee members\ns 190 ins A2006-27 s 8\nam A2011-11 s 19; A2016-11 s 7\nReferences to Health and Community Care Service\ns 191 (prev s 22) ins A1994-23 s 5\nsub A2001-44 amdt 1.2025\nrenum as s 35 R4 LA (see A2001-56 amdt 1.36)\nsub A2002-47 amdt 1.15\nrenum as s 191 A2006-27 amdt 1.26\n\nDetermination of fees\ns 192 (prev s 36) ins A2002-47 amdt 1.15\nrenum as s 192 A2006-27 amdt 1.26\nam A2011-3 amdt 3.225; A2021-12 amdt 3.50, amdt 3.51;\nA2025-29 amdt 4.90\nPayment of fees and interest\ns 193 (prev s 37) ins A2002-47 amdt 1.15\nrenum as s 193 A2006-27 amdt 1.26\nam A2011-3 amdt 3.226; A2025-29 amdt 4.90\nApproved forms\ns 194 (prev s 37A) ins A2003-43 s 5\nrenum as s 194 A2006-27 amdt 1.26\nam A2011-3 amdt 3.227; A2025-29 amdt 4.90\nRegulations about nurse practitioners\ns 195 (prev s 37B) ins A2004-10 s 4\nrenum as s 195 A2006-27 amdt 1.26\nom A2018-42 amdt 1.2\nRegulation-making power\ns 196 (prev s 38) ins A2002-47 amdt 1.15\nrenum as s 196 A2006-27 amdt 1.26\nam A2024-30 s 9; A2025-29 amdt 4.90\nTransitional—Health Professionals Act 2004\npt 20 hdg (prev pt 8 hdg) ins A2004-39 amdt 1.15\nrenum as pt 20 hdg A2006-27 amdt 1.27\nTransitional—definitions in Health (Fees) Determination\ns 240 hdg (prev s 39 hdg) sub A2006-27 amdt 1.28\ns 240 (prev s 39) ins A2004-39 amdt 1.15\nrenum as s 240 A2006-27 amdt 1.28\nExpiry—pt 20\ns 241 hdg (prev s 40 hdg) sub A2006-27 amdt 1.29\ns 241 (prev s 40) ins A2004-39 amdt 1.15\nrenum as s 241 A2006-27 amdt 1.29\nTransitional—Health Legislation Amendment Act 2006\npt 21 hdg ins A2006-27 s 9\nTransitional—protection of former members from liability\ns 242 ins A2006-27 s 9\n\nExpiry—pt 21\ns 243 ins A2006-27 s 9\nam A2007-16 amdt 3.68\nApproval of facilities—transitional\ns 250 ins A2006-46 amdt 2.25\nexp 18 November 2006 (s 250 (3) (LA s 88 declaration\napplies))\nTransitional—Health Amendment Act 2011\npt 22 hdg ins A2011-11 s 20\nDefinitions—pt 22\ns 255 ins A2011-11 s 20\ndef clinical privileges committee ins A2011-11 s 20\ndef commencement day ins A2011-11 s 20\nTransitional—quality assurance committee already appointed\ns 256 ins A2011-11 s 20\nTransitional—clinical privileges—review not begun\ns 257 ins A2011-11 s 20\nTransitional—clinical privileges—review begun\ns 258 ins A2011-11 s 20\nTransitional—clinical privileges committees—admissibility of evidence\ns 259 ins A2011-11 s 20\nExpiry—pt 22\ns 260 ins A2011-11 s 20\nTransitional—Health (Improving Abortion Access) Amendment Act 2018\npt 23 hdg ins A2018-37 s 20\nMeaning of commencement day—pt 23\ns 261 ins A2018-37 s 20\n\nExisting approvals of medical facilities\ns 262 ins A2018-37 s 20\nExpiry—pt 23\ns 263 ins A2018-37 s 20\ndict ins A2001-56 amdt 1.35\nam A2008-37 amdt 1.234, amdt 1.235; A2010-10 amdt 2.35;\nA2011-11 s 21; A2011-22 amdt 1.236, amdt 1.237; A2013-44\namdt 3.97, amdt 3.98; A2018-37 s 21; A2019-33 s 9\ndef abortifacient ins A2018-37 s 22\ndef abortion ins R17 LA\nsub A2018-37 s 23\ndef approved committee om A1998-50 s 5\ndef approved medical facility ins A2015-43 s 6\nsub A2018-37 s 24\ndef approved private sector committee ins A1998-50 s 5\ndef approved public sector committee ins A1998-50 s 5\nsub A2001-56 amdt 1.4\nam A2003-41 amdt 1.2\ndef authorised representative ins A2003-43 s 6\ndef capture visual data ins A2015-43 s 6\ndef CEO ins A2006-27 s 10\ndef chief executive officer, Calvary ins A2011-11 s 22\nsub A2018-42 amdt 3.54\nom A2023-17 amdt 2.5\ndef clinical privileges sub A2006-27 s 10\ndef clinical privileges committee ins A2006-27 s 10\ndef clinical privileges report ins A2006-27 s 10\ndef clinical privileges review notice ins A2006-27 s 10\ndef community pharmacy ins A2010-10 amdt 2.36\nom A2013-44 amdt 1.29\ndef core conditions ins A2003-43 s 6\ndef council ins A2011-11 s 24\nom A2016-11 s 6\ndef day hospital ins A2006-27 s 10\n\ndef dental technical work ins A2011-28 amdt 3.129\ndef dental technician ins A2011-28 amdt 3.129\ndef dentist ins A2006-27 s 10\nsub A2011-11 s 25\ndef divulge ins A2006-27 s 10\ndef doctor ins A2006-27 s 10\nsub A2011-11 s 26\ndef eligible midwife ins A2013-44 amdt 1.30\nsub A2018-42 amdt 3.55\ndef engage ins A2006-27 s 10\ndef entity ins A2006-27 s 10\ndef health board ins A2010-10 amdt 2.36\nsub A2015-29 amdt 2.36\ndef health facility am A1996-35 sch; A2002-47 amdt 1.17\ndef health facility QAC ins A2006-27 s 10\ndef health profession board ins A2006-27 s 10\nom A2010-10 amdt 2.37\ndef health professional ins A2006-27 s 10\nom A2010-10 amdt 2.37\ndef health professional organisation ins A2006-27 s 10\ndef health professional organisation QAC ins A2006-27\ns 10\ndef health service ins A2006-27 s 10\ndef health service provider sub A2004-39 amdt 1.16;\nA2006-27 s 10\ndef health service report ins A2006-27 s 10\ndef hospital ins A2006-27 s 10\nsub A2011-11 s 27\ndef information holder ins A2006-27 s 10\ndef local hospital network ins A2011-11 s 28\nom A2017-4 amdt 3.68\ndef ministerial report ins A2006-27 s 10\ndef negotiating agent ins A2003-43 s 6\ndef negotiating period ins A2003-43 s 6\ndef practice corporation ins A2003-43 s 6\ndef practitioner ins A2019-33 s 11\ndef prescribed body ins A2001-56 amdt 1.35\ndef private day hospital facility ins A2001-56 amdt 1.35\n\ndef prohibited behaviour ins A2015-43 s 6\ndef protected area ins A2015-43 s 6\ndef protected facility ins A2018-37 s 25\ndef protected information ins A2006-27 s 10\nsub A2011-28 amdt 3.130; A2021-12 amdt 3.52\ndef quality assurance activities om A2001-56 amdt 1.5\ndef quality assurance activity ins A2001-56 amdt 1.5\ndef quality assurance committee ins A2006-27 s 10\ndef review ins A2006-27 s 10\nsub A2011-11 s 29\ndef scope of clinical practice ins A2011-11 s 24\nam A2019-33 s 12\ndef scope of clinical practice committee ins A2011-11 s 24\ndef scope of clinical practice executive decision notice ins\nA2011-11 s 24\ndef scope of clinical practice report ins A2011-11 s 24\ndef sensitive information ins A2006-27 s 10\ndef service contract ins A2003-43 s 6\ndef special purpose QAC ins A2006-27 s 10\nam A2018-42 amdt 3.56\ndef surgical abortion ins A2018-37 s 25\ndef tribunal om A1994-60 sch 1\ndef VMO ins A2003-43 s 6\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1994-60 28 February 1995\n2 A1996-35 31 January 1998\n3 A1998-54 28 February 1999\n4 A2001-56 19 April 2002\n5 A2002-47 31 December 2002\n6 A2003-43 30 September 2003\n7 A2003-43 9 October 2003\n8 A2003-43 24 December 2003\n9 A2004-10 27 May 2004\n10 A2005-28 7 July 2005\n11 A2005-54 24 November 2005\n12* A2005-62 11 January 2006\n13 A2006-46 18 November 2006\n14 A2006-46 19 November 2006\n15 A2006-46 14 December 2006\n16 A2007-16 11 July 2007\n17 A2007-16 15 December 2007\n18 A2008-37 10 January 2009\n19 A2008-37 2 February 2009\n20 A2008-37 14 February 2009\n21* A2010-10 1 July 2010\n22 A2010-10 12 October 2010\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n23 A2010-54 1 January 2011\n24 A2011-3 1 March 2011\n25 A2011-11 13 April 2011\n26 A2011-22 1 July 2011\n27 A2011-28 21 September 2011\n28 A2011-28 14 April 2012\n29 A2011-28 2 July 2012\n30 A2013-19 14 June 2013\n31 A2013-19 2 July 2013\n32 A2013-44 25 November 2013\n33 A2015-29 1 December 2015\n34 A2016-11 2 March 2016\n35 A2016-11 22 March 2016\n36 (RI) A2017-4 9 March 2017\n37 (RI) A2017-7 1 July 2017\n38 (RI) A2018-42 22 November 2018\n39 A2018-42 1 July 2019\n40 A2018-42 2 July 2019\n41 A2019-33 10 October 2019\n42 A2021-12 23 June 2021\n43 A2022-14 24 August 2022\n44 A2023-17 3 July 2023\n45 A2024-30 10 July 2024\n46 A2025-33 26 November 2025\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n7 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R4 (see A2001-56).\nDetails of renumbered provisions are shown in endnote 4 (Amendment history).\nFor a table showing the renumbered provisions, see R4.","sortOrder":102}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act’s scope has broadened since enactment through numerous amendments (notably additions and reforms across 1998–2025). Key expansions include formalised quality‑assurance committee powers and secrecy protections (pt 4; A1998‑50, A2006‑27), a statutory scope‑of‑clinical‑practice and credentialling review regime (pt 5; A2006‑27, A2011‑11), explicit abortion regulation and patient‑privacy/protected‑area rules (pt 6; A2018‑37, A2024‑30), a VMO collective negotiation/arbitration framework (pt 7; A2003‑43), and a standalone offence for non‑practitioners providing regulated health services (pt 8A; A2010‑10). These amendments increased administrative powers, confidentiality rules and enforcement mechanisms compared with the original Act."},"complexity_factors":["Multiple overlapping committee regimes with distinct approval, appointment, immunity, reporting and evidentiary rules (quality assurance QACs: ss 24–47; scope of clinical practice committees: ss 51–78).","Considerable Ministerial and executive discretion to approve committees and activities, determine fees, and declare protected areas (ss 25–27, 37, 86, 192).","Significant operational powers vested in CEOs and director‑general including immediate interim amendments or withdrawals of a practitioner’s scope and obligation to decide on committee reports (ss 69–71).","Robust secrecy regime protecting information obtained by committees, with a new offence for improper divulgence and tightly defined exceptions; limited admissibility of committee material in court (pt 8: ss 120–126; evidentiary exclusions ss 47, 75).","Detailed abortion regulation: criminal offences for unauthorised provision, facility approval, conscientious‑objection rules, and protected areas around facilities with specified prohibited conduct (pt 6: ss 80–87; s 84A).","Industrial/contracting framework for Visiting Medical Officers including collective negotiations, negotiating‑agent rules, arbitration under the Commercial Arbitration Act, and Cwlth competition authorisation (pt 7: ss 100–107).","Cross‑reference and interaction with multiple external laws (Criminal Code, Medicare/Medicare Agreements Act, Health Practitioner Regulation National Law, Commercial Arbitration Act) creating layered compliance obligations (see s 4; s 11(2); notes to ss 45, 74; s 106(3)).","Procedural protections and obligations (natural justice, notice periods, opportunity to make submissions) combined with emergency powers and non‑public reporting requirements create trade‑offs between speed and procedural fairness (ss 33; 65–70; 38A, 38B).","Varied penalty structures and explicit exceptions (penalty unit valuations noted; offences in ss 81–82, 87, 125, 127) increase legal risk for practitioners and administrators and require careful compliance systems.","Extensive amendment and transitional history (1993–2025) and numerous delegated instruments and notifiable/disallowable instruments increase statutory complexity and require active statutory monitoring (see endnotes/amendment history)."],"plain_english_summary":"This Act sets the legal framework for providing and regulating health services in the Australian Capital Territory. It defines who counts as a health service provider and facility, establishes committees and processes to review clinical practice and quality, creates offences and penalties (including for unlicensed providers), and prescribes rules for abortion services, patient privacy zones and secrecy of committee information. It matters because it allocates decision‑making powers (Minister, director‑general, CEOs, committees), creates reporting and compliance duties, and attaches civil/criminal sanctions to enforce standards."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3142},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1993 as a framework for health service objectives and Medicare principles, the Act has expanded significantly beyond its initial scope. It now functions as a detailed regulatory code for individual clinical governance (hospital credentialing/privileging in Part 5), specific criminal regulation of abortion services including privacy zones (Part 6), and commercial employment relations for Visiting Medical Officers (Part 7). Provisions regulating abortion were relocated from the repealed Medical Practitioners Act 1930 in 2005, and major schemes for clinical practice review and quality assurance were inserted or substantially rewritten in 2006 and 2011, transforming the Act from a broad policy statement into a comprehensive administrative and criminal law governing specific medical procedures and professional conduct."},"complexity_factors":["47 republications and numerous amendments since 1993, resulting in a fragmented structure (e.g., non-sequential Part numbers like 8A followed by Part 10 and Part 15).","Over 60 defined terms in the Dictionary plus additional inline definitions throughout (e.g., 'scope of clinical practice', 'protected information', 'practitioner').","Two parallel administrative schemes (Quality Assurance Committees in Part 4 and Scope of Clinical Practice Committees in Part 5) with distinct but similar procedural rules, appointment processes, and liability protections.","Extensive cross-referencing to external legislation including the Commonwealth Criminal Code (for offences), Health Practitioner Regulation National Law, Competition and Consumer Act 2010, and various ACT Acts.","Layered secrecy offences (Part 8) with multiple conditional exceptions allowing disclosure to specific entities (Coroner, Health Board, Minister) under specific circumstances.","Complex conditional logic for emergency and interim decision-making in Part 5 (e.g., immediate withdrawal of clinical privileges vs. full review processes) and for conscientious objection in Part 6.","Dual criminal and administrative provisions requiring knowledge of both the Act's specific offences and general criminal law principles (e.g., recklessness, strict liability)."],"plain_english_summary":"This law sets the framework for delivering, monitoring, and regulating health services in the ACT: it requires quality assurance and credentialling of clinicians, regulates who and where abortion care can be provided (including conscience referrals and protected zones), governs Visiting Medical Officer contracts, and criminalises unqualified practice while imposing strict secrecy rules for review processes. \n\nIt affects patients, clinicians, hospitals, and the Territory government — balancing patient safety, privacy, access to care, and workforce oversight."}},"importantCases":[],"_links":{"self":"/api/acts/health-act-1993","history":"/api/acts/health-act-1993/history","analysis":"/api/acts/health-act-1993/analysis","conflicts":"/api/acts/health-act-1993/conflicts","importantCases":"/api/acts/health-act-1993/important-cases","documents":"/api/acts/health-act-1993/documents"}}